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IRRIGATION  ACT 


-OF- 


1 8 97 


THE  IRRIGATION  LAWS 

OF  CALIFORNIA 


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PREFACE  JUL  8 - jgjg 


In  1887  tke  Legislature  of  California  passed  the  first  act 
providing  for  the  organization  of  irrigation  districts. 

This  was  known  as  the  “Wright”  act,  and  constituted  a 
new  departure  in  legislation.  It  provided  for  the  creation  of 
public  corporations,  municipal  or  quasi-municipal  in  nature, 
with  powers  very  different,  however,  from  the  powers  exercised 
by  other  municipal  or  quasi-municipal  corporations. 


Immediately  after  the  passage  of  the  so-called  Wright  act, 
the  Legislatures  of  Colorado,  Idaho,  Kansas,  Nebraska,  Wash- 
ington, Utah  and  Texas  passed  acts  very  similar  in  nature, 
and  in  many  cases  exactly  identical.  In  some  of  these  states 
such  acts  have  been  repealed,  but  in  most  of  them  they  are 
still  in  operation. 

In  1897  a new  act  was  passed  embodying  most  of  the 
provisions  of  the  original  act,  but  modifying  it  in  some  par- 
ticulars in  which  experience  had  shown  it  to  be  defective.  It 
superseded  all  previous  acts  and  is  now  the  law  governing  the 
organization  and  operation  of  irrigation  districts, 
j The  law  relative  to  irrigation  districts  is  now  as  well 

I settled  as  that  relative  to  municipal  corporations  organized 
j under  the  general  municipal  acts  of  the  state. 

The  act  has  justified  itself  and  resulted  in  a phenomenal 
I development  in  the  regions  where  it  has  been  given  a trial. 
The  day  of  private  irrigation  enterprises  on  a large  scale  has 
passed  and  in  the  absence  of  a comprehensive  scheme  of  irriga- 
' tion  under  state  control,  which  does  not  seem  feasible  at  the 
present  time,  this  appears  to  be  the  only  method  by  which 
large  and  fertile  areas  of  arid  and  semi-arid  regions  can  be 
brought  under  cultivation. 


In  Central  California  there  are  two  districts,  known  as  the 
Modesto  and  Turlock  Districts,  containing  over  250,000  acres 
of  land,  which  were  the  pioneers  in  this  movement.  In  addition 
to  these  districts,  the  Alta,  Tulare,  South  San  Joaquin,  Oakdale, 
Imperial,  San  Ysidro  and  Waterford  Districts  are  now  in  exist- 
ence, and  steps  are  being  taken  for  the  organization  of  other 
districts. 


In  the  other  states  where  this  law  is  in  operation,  numerous 
districts  are  also  in  existence. 

For  some  inscrutable  reason  the  securities  of  these  districts 
have  not  been  looked  upon  favorably  by  the  banking  interests 
of  California,  although  this  law  has  contributed  more  to  the 
material  wealth  of  the  state  than  probably  any  other  single 
legislative  act.  The  legislature  of  1911  attempted  to  overcome 
this  antagonism  by  legislation  which  has  placed  the  bonds  of 
these  districts  in  the  same  class  as  other  municipal  bonds  for 
investment  purposes,  and  also  provided  for  a sort  of  state 
supervision.  With  the  amendments  which  have  since  been  made 
these  securities  are  now  recognized  as  equal  to  any  other 
rtlunicipal  securities  and  have  found  ready  sale. 

Modesto,  Cal.,  September,  1913. 


M 9 i 


IRRIGATION  ACT 

—OF— 

180"7 


An  Act  to  Provide  for  the  Organization  and  Government  of 
Irrigation  Districts,  and  to  Provide  for  the  Acquisition  or 
Construction  Thereby  of  Works  for  the  Irrigation  of  the 
Tands  Embraced  Within  Such  Districts,  and.  Also,  to 
Provide  for  the  Distribution  of  Water  for  Irrigation  Pur- 
poses. 

(Approved  March  31,  1897.  Stats.,  p.  254.) 


The  People  of  the  State  of  California,  represented  in  Senate 

and  Assembly,  do  enact  as  follows: 

Organization. 

Section  1.  A majority  in  number  of  the  holders  of  title, 
or  evidence  of  title,  including  the  holders  of  possessory  rights 
under  receipts  or  other  evidence  of  the  rights  of  entrymen 
or  purchasers  under  any  law  of  the  United  States  or  of  this 
state,  to  lands  susceptible  of  irrigation  from  a common  source 
and  by  the  same  system  of  works,  such  holders  of  title,  or 
evidence  of  title  and  of  possessory  rights,  representing  a 
majority  in  value  of  said  lands,  according  to  the  equalized 
county  assessment  roll  or  rolls  for  the  year  last  preceding, 
may  propose  the  organization  of  an  irrigation  district,  under 
the  provisions  of  this  act.  Said  equalized  assessment  roll  or 
rolls  shall  be  sufficient  evidence  of  title  and  of  such  possessory 
rights,  for  the  purposes  of  this  act.  (1911.) 

Section  2.  In  order  to  propose  the  organization  of  an  irri- 
gation district,  a petition  shall  be  presented  to  the  board  of 

supervisors  of  the  county  in  which  the  lands  within  the  pro- 
posed district,  or  the  greater  portion  thereof,  are  situated, 

signed  by  the  required  number  of  holders  of  title,  or  evidence 
of  title,  including  such  aforesaid  possessory  rights,  to  lands 
within  such  proposed  district,  and  representing  the  requisite 

majority  in  value  of  said  lands,  which  petition  shall  set  forth 
generally  the  boundaries  of  the  proposed  district  and  also  shall 
state  generally  the  source  or  sources  (which  may  be  in  the 
alternative)  from  which  said  lands  are  proposed  to  be  irrigated, 
and  shall  pray  that  the  territory  embraced  within  the  boundaries 
of-  the  proposed  district  may  be  organized  as  an  irrigation 


4 


IRRIGATION  ACT  OF  1897 


district  under  the  provisions  of  this  act.  The  petition  may 
consist  of  any  number  of  separate  instruments,  and  must  be 
accompanied  with  a good  and  sufficient  undertaking,  to  be 
approved  by  the  board  of  supervisors,  in  double  the  amount 
of  the  probable  cost  of  organizing  such  district,  conditioned 
that  the  sureties  shall  pay  all  of  said  costs  in  case  said  organiza- 
tion shall  not  be  effected.  Said  petition  shall  be  presented  at 
a regular  meeting  of  said  board  and  shall  be  published  for  at 
least  two  weeks  before  the  time  at  which  the  same  is  to  be 
presented  in  some  newspaper  of  general  circulation  printed  and 
published  in  the  county  where  said  petition  is  presented, 
together  with  a notice  stating  the  time  of  the  meeting  at  which 
the  same  will  be  presented ; and  if  any  portion  of  the  lands 
within  said  proposed  district  lie  within  another  county  or 
counties,  then  said  petition  and  notice  shall  be  published,  as 
above  provided,  in  a newspaper  published  in  each  of  said 
counties.  When  contained  upon  more  than  one  instrument, 
one  copy  only  of  such  petition  need  be  published,  but  the 
names  attached  to  all  of  said  instruments  must  appear  in  such 
publication.  On  or  before  the  day  on  which  said  petition  is 

presented  to  said  board  of  supervisors,  a copy  of  said  petition 

shall  be  filed  in  the  office  of  the  state  engineer.  When  said 
petition  is  presented,  said  board  of  supervisors  shall  hear  the 
same  and  shall  proceed  to  determine  whether  or  not  sai^ 
petition  complies  with  the  requirements  hereinbefore  set  forth 
and  whether  or  not  the  notice  required  herein  has  been  pub- 
lished as  required,  and  must  hear  all  competent  and  relevant 
testimony  offered  in  support  of  or  in  opposition  thereto.  Said 
hearing  may  be  adjourned  from  time  to  time  for  the  deter- 
mination of  said  facts,  not  exceeding  two  weeks  in  all.  No 

defect  in  the  contents  of  the  petition  or  in  the  title  to  or  form 
of  the  notice  or  signatures,  or  lack  of  signatures  thereto,  shall 
vitiate  any  proceedings  thereon ; provided,  such  petition  or  peti- 
tions have  a sufficient  number  of  qualified  signatures  attached 
thereto.  The  determination  of  the  board  shall  be  expressed  by 
resolution.  If  it  shall  determine  that  any  of  the  requirements 
hereinbefore  set  forth  have  not  been  complied  with,  the  matter 
shall  be  dismissed,  but  without  prejudice  to  the  right  of  the 
proper  number  of  persons  to  present  a new  petition  covering 
the  same  matter  or  to  present  the  same  petition  with  additional 
signatures,  if  such  additional  signatures  are  necessary  to  comply 
with  the  requirements  of  this  act.  If  the  board  of  supervisors 
shall  determine  that  the  petitioners  have  complied  with  the 
requirements  hereinbefore  set  forth,  it  shall  cause  a copy  of 
the  resolution  so  declaring  to  be  forwarded  to  the  state  engineer 
and  shall  postpone  further  hearing  of  said  petition  for  one 
month,  or  from  time  to  time,  not  exceeding  one  month  in  all. 
Upon  receiving  a copy  of  said  resolution,  the  state  engineer 
shall  make  or  cause  to  be  made  such  an  investigation  as  may 
be  practicable,  with  a view  to  determining  whether  any  condi- 
tion or  conditions  exist  that  would  justify  him  in  reporting 
against  the  organization  of  the  proposed  district.  He  shall 
report  in  writing  on  the  matter  to  the  board  of  supervisors 
from  which  the  copy  of  said  resolution  was  received,  and  said 
report  shall  be  made  within  one  month  from  the  date  of  the 
adoption  of  said  resolution,  but  failure  by  the  state  engineer 
to  perform  any  duty  required  herein  shall  not  invalidate  the 
organization  of  any  district,  nor  shall  any  board  of  supervisors, 
because  of  failure  to  receive  a report  from  the  state  engineer, 
delay  the  proceedings  herein  required  for  a longer  time  than 
is  allowed  herein.  If  the  state  engineer  shall  report  that  the 
supply  of  water  available  for  the  use  of  the  proposed  district, 
or  that  may  be  acquired  by  any  practicable  means,  including 
the  condemnation  of  existing  rights,  is  not  sufficient  or  that  the 


IRRIGATION  ACT  OF  1897 


5 


project  is  not  feasible  for  any  other  reason  or  reasons  and  if 
such  report  shall  be  filed  with  the  said  board  of  supervisors 
before  the  expiration  of  one  month  from  and  after  the  date  of 
the  adoption  of  the  aforesaid  resolution,  the  hearing  of  the 
petition  shall  again  be  continued  for  one  month  and  shall  then 
be  dismissed,  unless  the  board  of  supervisors  shall  be  requested 
in  writing  by  three-fourths  of  the  holders  of  title  or  evidence 
of  title,  including  possessory  rights,  to  lands  within  said 
proposed  district  to  grant  the  same ; provided,  that  if  such 
request  is  not  received,  the  board  of  supervisors  may  modify 
the  plans  for  the  proposed  district  in  accordance  with  recom- 
mendations by  the  state  engineer.  If  the  report  of  the  state 
engineer  shall  not  compel  the  continuance  of  the  matter  as 
aforesaid,  the  board  of  supervisors  shall,  at  the  regular  meeting 
at  which  said  report  shall  have  been  received,  proceed  to  a 
final  hearing  of  the  petition,  and  if  said  board  shall,  after 
receiving  an  adverse  report  from  the  state  engineer,  decide  to 
modify  the  plan  as  set  forth  in  said  petition  or  shall  be 
requested  in  writing  by  three-fourths  of  the  holders  of  title  or 
evidence  of  title,  including  possessory  rights,  to  the  lands 
within  said  proposed  district  to  grant  said  petition,  said  board 
shall  then  proceed  to  a final  hearing  of  the  matter.  On  any 
final  hearing  herein  provided  for,  the  board  may  adjourn  from 
day  to  day,  but  not  for  a longer  time,  until  a determination 
of  the  matter  is  reached.  On  said  final  hearing  said  board 
shall  make  such  changes  in  the  proposed  boundaries  as  it  may 
deem  advisable  and  shall  define  and  establish  such  boundaries ; 
but  said  board  shall  not  modify  said  boundaries  so  as  to  exclude 
from  such  proposed  district  any  territory  which  is  susceptible 
of  irrigation  from  any  of  the  sources  proposed,  unless  said 
board  shall  decide  to  modify  the  plan  for  such  proposed  district, 
as  herein  provided,  nor  shall  any  lands  which  will  not,  in  the 
judgment  of  said  board,  be  benefited  by  irrigation  by  means  of 
any  of  said  systems  of  works  be  included  within  such  proposed 
district.  Any  person  whose  lands  are  susceptible  of  irrigation 
from  any  of  the  proposed  sources  may,  upon  his  application, 
in  the  discretion  of  said  board,  have  such  lands  included  within 
said  proposed  district.  (1913.) 

Section  3.  Upon  the  final  hearing  of  said  petition  or  said 
matter,  the  board  of  supervisors  shall  make  an  order  reaffirming 
its  conclusions  as  to  the  genuineness  and  sufficiency  of  the 
petition  and  notice  hereinbefore  provided  for,  reciting  that  a 
report  regarding  the  proposed  district  has  been  made  by  the 
state  engineer  and  is  on  file  with  the  other  records  of  the 
board,  and  describing  the  boundaries  of  the  proposed  district 
as  defined  and  established  by  said  board.  Said  order  shall  be 
entered  in  full  upon  the  minutes  of  said'  board.  At  said  final 
hearing  no  evidence  shall  be  heard  against  the  genuineness  or 
sufficiency  of  said  petition  or  notice  unless  it  shall  be  shown 
to  the  satisfaction  of  said  board  that  new  evidence  which,  if 
uncontradicted,  would  disprove  the  genuineness  or  sufficiency 
of  said  petition  or  notice  has  been  discovered  since  said  board 
adopted  the  resolution  declaring  that  said  petition  and  notice 
complied  with  all  the  requirements  of  this  act.  In  case  any 
new  evidence  is  admitted,  full  opportunity  shall  be  given  for 
the  introduction  of  evidence  in  rebuttal  thereof.  (1913.) 

Section  4.  A finding  of  the  board  of  supervisors  in  favor 
of  the  genuineness  and  sufficiency  of  the  petition  and  notice 
shall  be  final  and  conclusive  against  all  persons  except  the 
State  of  California  upon  suit  commenced  by  the  attorney 
general.  Any  such  suit  must  be  commenced  within  one  year 
after  the  order  of  the  board  of  supervisors  declaring  such 


IRRIGATION  ACT  OF  1897 


district  organized  as  herein  provided,  and  ot  otherwise.  (1911, 
extra  session.) 

Section  5.  If,  on  the  said  final  hearing,  the  boundaries  of 
the  proposed  district  are  defined  and  established,  said  board 
shall  make  an  order  dividing  said  district  into  five  divisions,  as 
nearly  equal  in  size  as  may  be  practicable,  which  shall  be 
numbered  first,  second,  third,  fourth  and  fifth,  and  one  director 
shall  be  elected  for  each  division  by  the  electors  thereof ; 
provided,  that  if  so  requested  in  said  petition,  the  board  may 
order  that  there  shall  be  only  three  divisions  ' in  said  district, 
and  that  only  three  directors  be  elected,  or  that  they  be  elected 
for  the  district  at  large. 

Election  on  Organization. 

Section  6.  Said  board  of  supervisors  shall  then  give  notice 
of  an  election  to  be  held  in  such  proposed  district,  for  the 
purpose  of  determining  whether  or  not  the  same  shall  be 
organized  under . the  provisions  of  this  act.  Such  notice  shall 
describe  the  boundaries  so  established,  and  shall  designate  a 
name  for  the  proposed  district,  and  said  notice  shall  be  published 
for  at  least  three  weeks  previous  to  such  election,  in  a news- 
paper published  within  the  county  in  which  the  petition  for  the 
organization  of  the  proposed  district  was  presented ; and  if  any 
portion  of  such  proposed  district  is  within  another  county  or 
counties,  then  such  notice  shall  be  published  for  the  same  length 
of  time  in  a newspaper  published  in  each  of  said  counties.  Such 
notice  shall  require  the  electors  to  cast  ballots,  which  shall 
contain  the  words  “Irrigation  District — Yes,”  or  “Irrigation 

District — No,”  or  words  equivalent  thereto,  and  also  the  names 
of  persons  to  be  voted  for  at  said  election.  For  the  purposes 
of  said  election  the  board  of  supervisors  must  establish  a 
convenient  number  of  election  precincts  in  said  proposed  district, 
and  define  the  boundaries  of  the  same.  Such  election  shall  be 
conducted  as  nearly  as  practicable  in  accordance  with  the 
general  election  laws  of  the  state,  but  no  particular  form  of 
ballot  shall  be  required*. 

Section  7.  At  such  election  there  shall  be  elected  a board 
of  directors,  and  an  assessor,  tax  collector,  and  treasurer ; pro- 
vided, that  where  a consolidation  of  officers  as  hereinafter 

provided  for  is  deemed  advisable  in  the  organization  of  a 
district,  the  petitioners  may  request  in  their  petition  for 
organization  such  consolidation,  and  the  board  of  supervisors 

calling  the  election  shall  in  its  order  therefor  announce  such 
consolidation,  and  then  only  one  person  shall  be  elected  to  fill 
the  several  offices  so  consolidated. 

Section  8.  No  person  shall  be  entitled  to  vote  at  any 
election  held  under  the  provisions  of  this  act  unless  he  possesses 
all  the  qualifications  required  of  electors  under  the  general 
election  laws  of  the  state. 

Section  9.  The  board  of  supervisors  shall  meet  on  the 
second  Monday  succeeding  such  election,  and  shall  proceed  to 
canvass  the  votes  cast  thereat,  and  if  upon  such  canvass  it 

appears  that  at  least  two-thirds  of  all  the  votes  cast  are  “Irriga- 
tion District — Yes,”  said  board  shall,  by  an  order  entered  on 
its  minutes,  declare  the  territory  duly  organized  as  an  irrigation 
district,  under  the  name  theretofore  designated,  and  shall  declare 
the  persons  receiving  respectively  the  highest  number  of  votes 
at  said  election  to  be  duly  elected. 

Section  10.  Said  board  shall  then  cause  a copy  of  such 
order,  duly  certified,  to  be  immediately  filed  for  record  in  the 


IRRIGATION  ACT  OF  1897 


7 


office  of  the  county  recorder  of  any  county  in  which  any  portion 
of  the  lands  embraced  in  such  district  are  situated,  and  must 
also  immediately  forward  a copy  thereof  to  the  clerk  of  the 
board  of  supervisors  of  each  of  said  last-mentioned  counties,  and 
no  board  of  supervisors  of  any  county  in  which  any  portion  of 
the  lands  embraced  in  such  district  are  situated  shall,  after  the 
date  of  the  organization  thereof,  allow  another  district  to  be 
formed  including  any  portion  of  said  lands,  without  the  consent 
of  the  board  of  directors  of  the  district  in  which  they  are 
situated.  From  and  after  such  filing,  the  organization  of  such 
district  shall  be  complete. 

Section  11.  Such  election,  on  organization,  may  be  con- 
tested by  any  person  owning  property  within  the  proposed 
district  liable  to  assessment.  The  directors  elected  at  such 
election  shall  be  made  parties  defendant.  Such  contest  shall  be 
brought  in  the  superior  court  of  the  county  where  the  petition 
for  organization  is  filed;  provided,  that  if  more  than  one, 
contest  be  pending,  they  shall  be  consolidated  and  tried  together. 
The  court  having  jurisdiction  shall  speedily  try  such  contest, 
and  determine,  upon  the  hearing,  whether  the  election  was  fairly 
conducted  and  in  substantial  compliance  with  the  requirements 
of  this  act,  and  enter  its  judgment  accordingly.  Such  contest 
must  be  brought  within  twenty  days  after  the  canvass  of  the 
vote  and  declaration  of  the  result  by  the  board  of  supervisors. 
The  right  of  appeal  is  hereby  given  to  either  party  to  the  record 
within  thirty  days  from  entry  of  judgment.  The  appeal  must 
be  heard  and  determined  by  the  supreme  court  within  sixty 
days  from  the  time  of  filing  the  notice  of  appeal. 

Section  12.  The  officers  elected  at  the  election  hereinbefore 
provided  for  shall  immediately  enter  upon  their  duties  as  such, 
upon  qualifying  in  the  manner  for  such  officers  herein  provided. 
Said  officers  shall  hold  office  respectively  until  their  successors 
are  elected  and  qualified. 

Organization  and  Classification  of  Directors. 

Section  13.  The  directors  of  any  district  created  after  the 
passage  of  this  act,  on  the  first  Tuesday  after  their  election, 
after  they  shall  have  qualified,  shall  meet  and  classify  themselves 
by  lot  into  two  classes,  as  nearly  equal  in  number  as  possible, 
and  the  term  of  office  of  the  class  having  the  greater  number 
shall  expire  at  the  next  general  February  election  in  this  act 
provided  for ; and  the  term  of  office  of  the  class  having  the 
lesser  number  shall  terminate  at  the  next  general  February 
election  thereafter.  After  such  classification,  said  directors  shall 
organize  as  a board,  shall  elect  a president  from  their  number, 
and  appoint  a secretary,  who  shall  each  hold  office  during  the 
pleasure  of  the  board.  The  salary  of  the  secretary  and  the 
amount  of  the  bond  to  be  given  by  him  for  the  faithful  perform- 
ance of  his  duties  shall  be  fixed  by  the  board  of  directors. 

Meetings. 

Section  14.  The  board  of  directors  shall  hold  a regular 
monthly  meeting  at  their  office  upon  such  time  as  they  shall  fix 
by  a resolution  duly  entered  upon  their  minutes,  and  when  the 
time  for  such  monthly  meeting  has  been  fixed  it  can  not  again 
be  changed  for  twelve  months,  and  it  can  only  be  changed  upon 
resolution,  passed  at  least  two  months  prior  to  the  time  such 
change  shall  take  effect,  and  upon  publication  in  a newspaper 
of  general  circulation  in  the  county  for  at  least  one  week  prior 
to  such  change. 


IRRIGATION  ACT  OF  1897 


Such  special  meetings  also  may  be  held  as  may  be  required 
for  the  proper  transaction  of  the  business;  provided,  that  all 
special  meetings  must  be  ordered  by  a majority  of  the  board. 
The  order  must  be  entered  of  record,  and  five  days’  notice 
thereof  must,  by  the  secretary,  be  given  to  each  member  not 
joining  in  the  order.  The  order  must  specify  the  business  to 
be  transacted,  and  no  other  business  than  that  specified  must 
be  transacted  at  such  special  meeting. 

All  meetings  of  the  board  must  be  public,  and  three  mem- 
bers shall  constitute  a quorum  for  the  transaction  of  business; 
provided,  however,  that  when  the  board  consists  of  three 
members  only,  then  in  such  case  two  shall  constitute  a quorum 
for  the  transaction  of  business,  but  on  all  questions  requiring 
a vote  there  shall  be  a concurrence  of  at  least  the  number 
constituting  a quorum.  All  records  of  the  board  shall  be  open 
to  public  inspection  during  business  hours. 

The  board  of  directors  at  their  regular  monthly  meeting  in 
January  of  each  year  shall  render  and  immediately  thereafter 
cause  to  be  published  a verified  statement  of  the  financial  con- 
dition of  the  district,  showing  particularly  the  receipts  and 
disbursements  of  the  last  preceding  year,  together  with  the 
source  of  such  receipts  and  purpose  of  such  disbursements. 
Said  publications  shall  be  made  at  least  once  a week  for  two 
weeks,  in  some  newspaper  published  in  the  county  where  the 
office  of  the  board  of  directors  of  such  district  is  situated. 
Whenever  any  act  is  required  to  be  done  or  proceeding  taken 
by  this  act,  or  the  acts  supplemental  or  amendatory  thereto, 
on  the  first  Tuesday  in  any  month,  such  act  may  be  done  or 
proceeding  had  upon  the  time  specified  in  the  resolution,  herein- 
before referred  to,  as  the  time  for  the  regular  monthly  meeting 
of  such  board ; provided,  also,  that  when  the  time  of  meeting 
other  than  the  first  Tuesday  in  the  month  has  been  specified, 
thereafter  the  newly  elected  directors  shall  meet  and  organize 
as  a board  upon  the  regular  time  fixed  for  the  monthly  meeting 
in  March. 

Powers  and  Duties  of  Officers. 

Section  15.  The  board  of  directors  shall  have  the  power 
and  it  shall  be  their  duty,  to  manage  and  conduct  the  business 
affairs  of  the  district ; make  and  execute  all  necessary  con- 
tracts ; employ  and  appoint  such  agents,  officers,  and  employes 
as  may  be  required,  and  prescribe  their  duties.  The  board  and 
its  agents  and  employes  shall  have  the  right  to  enter  upon  any 
land  to  make  surveys,  and  may  locate  the  necessary  irrigation 
works  and  the  line  for  any  canal  or  canals,  and  the  necessary 
branches  for  the  same,  on  any  lands  which  may  be  deemed 
best  for  such  location.  Said  board  shall  also  have  the  right  to 
acquire,  by  purchase,  lease,  contract,  condemnation,  or  other 
legal  means,  all  lands  and  waters,  and  water  rights,  and  other 
property  necessary  for  the  construction,  use,  supply,  mainte- 
nance, repair  and  improvements  of  said  canal,  or  canals,  and 
works,  including  canals  and  works  constructed  and  being  con- 
structed by  private  owners,  lands  for  reservoirs  for  the  storage 
of  needful  waters,  and  all  necessary  appurtenances,  and  also 
where  necessary  or  convenient  to  said  ends  to  acquire  and  hold 
the  stock  of  other  corporations  owning  waters,  canals,  water 
works,  franchises,  concessions  or  rights.  But  no  purchase  or 
lease  of  any  waters,  or  water  rights,  or  canals,  or  reservoirs,  or 
reservoir  sites,  or  irrigation  works,  or  other  property  of  any 
nature  or  kind,  or  stock  in  any  other  corporation,  for  any  price, 
aggregate  rental  or  consideration,  in  excess  of  ten  thousand 
dollars,  shall  be  final  or  binding  on  the  district,  nor  shall  the 
purchase  price,  rental  or  consideration,  or  any  part  thereof,  be 
paid  or  rendered  until  a petition  of  a majority  of  the  holders 


IRRIGATION  ACT  OF  1897 


9 


of  title,  or  evidence  of  title,  and  of  possessory  rights  as  afore- 
‘said,  to  lands  within  the  district,  such  holders  of  title,  or 
evidence  of  title,  and  of  possessory  rights,  representing  a 
majority  in  value  of  said  land,  according  to  the  last  equalized 
assessment  roll  of  the  district,  if  such  has  theretofore  been 
made,  and  if  such  has  not  been  made,  then  according  to  the 
equalized  county  assessment  roll  covering  lands  of  such  district, 
shall  have  been  filed  with  the  board  and  an  order  of  the  board 
made  thereon  confirming  such  purchase.  Said  board  may  also 
construct  the  necessary  dams,  reservoirs,  and  works  for  the 
collection  of  water  for  said  district,  and  do  any  and  every  lawful 
act  necessary  to  be  done,  that  sufficient  water  may  be  furnished 
to  each  land  owner  in  said  district  for  irrigation  and  domestic 
purposes.  The  said  board  is  hereby  authorized  and  empowered 
to  take  conveyances,  leases,  contracts  or  other  assurances  for 
all  property  acquired  by  it  under  the  provisions  of  this  act,  in 
the  name  of  such  irrigation  district,  to  and  for  the  uses  and 
purposes  herein  expressed,  and  to  institute  and  maintain  any 
and  all  actions  and  proceedings,  suits  at  law  or  in  equity  neces- 
sary or  proper  in  order  to  fully  carry  out  the  provisions  of  this 
act,  or  to  enforce,  maintain,  protect  or  preserve  any  and  all 
rights,  privileges  and  immunities  created  by  this  act,  or  acquired 
in  pursuance  thereof.  And  in  all  courts,  actions,  suits  or 
proceedings  the  said  board  may  sue,  appear  and  defend  in 
person  or  by  attorneys,  and  in  the  name  of  such  irrigation 
district.  It  shall  be  the  duty  of  said  board  to  establish  equitable 
by-laws,  rules  and  regulations  for  the  distribution  and  use  of 
water  among  the  owners  of  said  lands,  which  must  be  printed 
in  convenient  form  for  distribution  in  the  district.  Said  board 
shall  have  power  generally  to  perform  all  such  acts  as  shall 
be  necessary  to  fully  carry  out  the  purposes  of  this  act.  (1911.) 

Change  of  Boundaries. 

Section  15^2.  The  board  of  directors,  when  they  deem  it 
advisable  for  the  best  interests  of  the  district,  and  the  con- 
venience of  the  electors  thereof,  may  at  any  time,  but  not  less 
than  sixty  days  before  an  election  to  be  held  in  the  district, 
change  the  boundaries  of  the  divisions  and  election  precincts  of 
the  district ; provided,  such  changes  shall  be  made  to  keep  each 
division  as  nearly  equal  in  area  and  population  as  may  be 
practicable.  Such  change  of  boundaries  of  the  divisions  must 
be  shown  on  the  minutes  of  the  board.  The  board  of  directors 
of  any  irrigation  district  now  or  that  may  hereafter  be  organized 
in  the  state,  sha"!!  also  have  the  power,  and  such  board  is  hereby 
vested  with  the  authority,  to  lease  the  system  of  canals  and 
works  in  the  district,  or  any  parts  thereof,  whenever  such 
leasing  may  be  for  the  benefit  of  the  district ; provided,  that 
when  the  directors  of  any  irrigation  district  contemplate  the 
leasing  of  the  canals  and  works  of  such  district,  they  shall  give 
notice  of  such  contemplation  by  publishing  the  same  in  some 
newspaper  published  in  the  county  in  which  such  irrigation 
district  lies,  at  least  three  weeks  prior  to  the  making  of  any 
lease,  and  such  lease  shall  be  made  to  the  highest  bidder.  But 
such  board  shall  have  the  right  to  reject  any  and  all  bids.  Such 
lease  shall  in  no  way  interfere  with  any  rights  that  may  have 
been  established  by  law,  at  the  time  such  lease  is  made ; and 
further  provided,  that  the  board  of  directors  shall  require  a 
good  and  sufficient  bond  to  secure  faithful  performance  of  the 
lease  by  the  lessees.  (1911.) 

Condemnation. 

Section  16.  In  case  of  condemnation  proceedings,  the  board 
of  directors  shall  proceed,  in  the  name  of  the  district,  under 


10 


IRRIGATION  ACT  OF  1897 


the  provisions  of  title  seven,  part  three,  of  the  code  of  civil 
procedure. 

Use  of  Water. 

Section  17.  The  use  of  all  water  required  for  the  irrigation 
of  the  lands  of  any  district  formed  under  the  provisions  of  this 
act,  or  the  act  of  which  this  is  supplementary  or  amendatory, 
and  for  domestic  and  other  incidental  and  beneficial  uses,  within 
such  district,  together  with  the  rights  of  way  for  canals  and 
ditches,  sites  for  reservoirs,  and  all  other  property  required  in 
fully  carrying  out  the  provisions  of  this  act,  is  hereby  declared 
to  be  a public  use,  subject  to  the  regulation  and  control  of 
the  state,  in  the  manner  prescribed  by  law.  (1911.) 

Section  18.  It  is  hereby  expressly  provided  that  all  waters 
distributed  for  irrigation  purposes  shall  be  apportioned  ratably 
to  each  land  owner  upon  the  basis  of  the  ratio  which  the  last 
assessment  of  such  owner  for  district  purposes  within  said  dis- 
trict bears  to  the  whole  sum  assessed  upon  the  district ; pro- 
vided, that  any  land  owner  may  assign  the  right  to  the  whole 
or  any  portion  of  the  waters  so  apportioned  to  him. 

General  Election. 

Section  19.  An  election  shall  be  held  in  each  irrigation 
district  on  the  first  Wednesday  in  February,  eighteen  hundred 
and  ninety-nine,  and  on  the  first  Wednesday  in  February  in  each 
second  year  thereafter,  at  which  an  assessor,  a collector,  and  a 
treasurer,  and  directors  for  the  district  shall  be  elected.  The 
person  receiving  the  highest  number  of  votes  for  any  office  to 
be  filled  at  such  election  shall  be  elected  thereto.  The  assessor, 
collector,  and  treasurer  shall  each  hold  office  from  the  first 
Tuesday  in  March  next  after,  for  two  years,  and  until  his 
successor  is  elected  and  qualified.  Within  ten  days  after  receiv- 
ing their  certificates  of  election,  hereinafter  provided  for,  said 
officers  shall  take  and  subscribe  the  official  oath  and  file  the 
same  in  the  office  of  the  board  of  directors,  and  execute  the 
bond  hereinafter  provided  for.  The  assessor  shall  execute  an 
official  • bond  in  ‘ the  sum  of  five  thousand  dollars,  and  the 
collector  an  official  bond  in  the  sum  of  twenty  thousand  dollars, 
and  the  district  treasurer  an  official  bond  in  the  sum  of  fifty 
thousand  dollars ; each  of  said  bonds  to  be  approved  by  the 
board  of  directors ; provided,  that  the  board  of  directors  may, 
if  it  shall  be  deemed  advisable,  fix  the  bonds  of  the  treasurer 
and  collector,  respectively,  to  suit  the  conditions  of  the  district, 
the  maximum  amount  of  the  treasurer’s  bond  not  to  exceed  fifty 
thousand  dollars,  and  the  minimum  amount  thereof  not  to  be 
less  than  ten  thousand  dollars ; and  the  maximum  amount  of 
the  collector’s  bond  not  to  exceed  twenty  thousand  dollars,  and 
the  minimum  amount  thereof  not  to  be  less  than  five  thousand 
dollars.  Each  member  of  said  board  of  directors  shall  execute 
an  official  bond  in  the  sum  of  five  thousand  dollars,  which  said 
bonds  shall  be  approved  by  the  judge  of  the  superior  court  of 
said  couiit}?^  where  such  organization  was  effected,  and  shall  be 
recorded  in  the  office  of  the  county  recorder  thereof,  and  filed 
with  the  secretary  of  said  board.  All  official  bonds  herein 
provided  for  shall  be  in  the  form  prescribed  by  law  for  the 
official  bonds  of  county  officers. 

Organization  of  Board. 

Section  20.  On  the  first  Tuesday  in  March  next  following 
their  election,  the  directors  who  shall  have  been  elected  at  the 
general  February  election,  shall  meet  and  organize  as  a board, 
elect  a president  and  appoint  a secretary,  who  shall  each  hold 


IRRIGATION  ACT  OF  1897 


11 


office  during  the  pleasure  of  the  board.  And  the  directors  of 
districts  now  organized,  who  shall  have  been  elected  at  the 
general  February  election  of  eighteen  hundred  and  ninety-nine, 
shall,  on  the  first  Tuesday  in  March  next  thereafter*,  when  they 
meet  to  organize,  first  classify  themselves  by  lot  into  two  classes 
as  nearly  equal  in  number  as  possible.  And  the  term  of  office 
of  the  class  having  the  greater  number  shall  be  two  years  ; and 
the  term  of  office  of  the  lesser  number  shall  be  four  years.  The 
full  term  of  office  of  directors  is  hereby  fixed  at  four  years. 

Notice  of  Election, 

Section  21.  Fifteen  days  before  any  election  held  under 
this  act,  subsequent  to  the  organization  of  any  district,  the 
secretary  of  the  board  of  directors  shall  cause  notices  to  be 
posted  in  three  public  places  in  each  election  precinct,  of  the 
time  and  place  of  holding  the  election,  and  shall  also  post  a 
general  notice  of  the  same  in  the  office  of  said  board,  which 
shall  be  established  and  kept  at  some  fixed  place,  to  be  deter- 
mined by  said  board,  specifying  the  polling  places  of  each 
precinct.  Prior  to  the  time  for  posting  the  notices,  the  board 
must  appoint  for  each  precinct,  from  the  electors  thereof,  one 
inspector  and  two  judges,  who  shall  constitute  a board  of 
election  for  such  precinct.  If  the  board  fail  to  appoint  a 
board  of  election,  or  the  members  appointed  do  not  attend  at 
the  opening  of  the  polls  on  the  morning  of  election,  the  electors 
of  the  precinct  present  at  that  hour  may  appoint  the  board,  or 
supply  the  place  of  an  absent  member  thereof.  The  board  of 
directors  must,  in  its  order  appointing  the  board  of  election, 
designate  the  house  or  place  within  the  precinct  where  the  elec- 
tion must  be  held. 


Conduct  of  Elections. 

Section  22.  The  inspector  is  chairman  of  the  election  board 
and  may  administer  all  oaths  required  in  the  process  of  an 
election  ; and  appoint  judges  and  clerks,  if,  during  the  progress 
of  the  election,  any  judge  or  clerk  cease  to  act.  Any  member  of 
the  board  of  election,  or  any  clerk  thereof,  may  administer  and 
certify  oaths  required  to  be  administered  during  the  progress 
of  an  election.  The  board  of  election'  of  each  precinct,  must, 
before  opening  the  polls,  appoint  two  persons  to  act  as  clerks 
of  the  election.  Before  opening  the  polls,  each  member  of  the 
board  and  each  clerk  must  take  and  subscribe  an  oath  to  faith- 
fully perform  the  duties  imposed  upon  them  by  law.  Any 
elector  of  the  precinct  may  administer  and  certify  such  oath. 
The  polls  must  be  opened  at  8 a.  m.  on  the  morning  of  the 
election,  and  be  kept  open  until  4 p.  m.,  when  the  same  must 
be  closed. 

Section  22a.  The  ballot  used  at  the  election  shall  be  pro- 
vided by  the  board  of  directors,  and  one  of  the  clerks  of  election 
shall  deliver,  to  each  of  the  electors,  one  of  the  ballots  so  pro- 
vided. The  ballots  shall  have  printed  on  them  the  names  of  all 
candidates  whose  names  have  been  filed  as  provided  in  this  act, 
with  a voting  square  behind  each  name.  The  names  shall  be 
arranged  in  groups,  alphabetically,  under  the  designation  of  the 
office  for  which  each*person  named  is  a candidate.  When  rnore 
than  one  person  is  to  be  elected  for  an  office  of  the  same  title, 

the  words  “Vote  for ....(inserting  the  proper  number)” 

shall  be  printed  under  the  title  of  the  office.  Each  elector  shall 
stamp  a cross,  with  a rubber  stamp  to  be  provided  by  the  board 
of  directors,  in  the  square  behind  the  name  of  each  candidate 
he  wishes  to  vote  for. 


12 


IRRIGATION  ACT  OF  1897 


Section  22b.  Not  less  than  ten  days  before  the  election,  any 
ten  or  more  electors  in  the  district  may  file  with  the  board  of 
directors  a petition,  requesting  that  certain  persons,  specified  in 
such  petition,  be  placed  on  the  ballot  as  candidates  for  the  office 
named  in  the  petition.  The  names  proposed  by  the  various 
petitions  so  filed,  and  no  others,  shall  be  printed  on  the  ballots. 
But  there  shall  be  sufficient  blank  spaces  left  in  which  electors 
may  write  other  names  if  they  so  desire.  The  petitions  shall  be 
preserved  in  the  office  of  the  secretary  of  the  district. 

Section  23.  Voting  may  commence  as  soon  as  the  polls  are 
opened,  and  may  be  continued  during  all  the  time  the  polls 
remain  opened,  and  shall  be  conducted,  as  nearly  as  practicable, 
in  accordance  with  the  provisions  of  the  general  election  laws 
of  this  state.  As  soon  as  all  the  votes  are  counted,  a certificate 
shall  be  drawn  up  on  each  of  the  papers  containing  the  poll-list 
and  tallies,  or  attached  thereto,  stating  the  number  of  votes  each 
one  voted  for  has  received,  and  designating  the  office  to  fill 

which  he  was  voted  for,  which  number  shall  be  written  in 

figures  and  in  words  at  full  length.  Eiach  certificate  shall  be 
signed  by  the  clerk,  judge,  and  the  inspector.  One  of  said 

certificates,  with  the  poll-list  and  the  tally  paper  to  which  it 
is  attached,  shall  be  retained  by  the  inspector,  and  preserved  by 
him  at  least  six  months.  The  ballots  shall  be  strung  upon  a 
cord  or  thread  by  the  inspector,  during  the  counting  thereof, 
in  the  order  in  which  they  are  entered  upon  the  tally  list  by 
the  clerks ; and  said  ballots,  together  with  the  other  of  said 
certificates,  with  the  poll-list  and  tally  paper  to  which  it  is 
attached,  shall  be  sealed  by  the  inspector  in  the  presence  of 

the  judges  and  clerks,  and  indorsed  “Election  Returns  of 
(naming  the  precinct)  Precinct,”  and  be  directed  to  the  secre- 
tary of  the  board  of  directors,  and  shall  be  immediately  delivered 
by  the  inspector,  or  by  some  other  safe  and  responsible  carrier 
designated  by  said  inspector,  to  said  secretary,  and  the  ballots 
shall  be  kept  unopened  for  at  least  six  months ; and  if  any 
person  be  of  the  opinion  that  the  vote  of  any  precinct  has  not 
been  correctly  counted,  he  may  appear  on  the  day  appointed 
for  the  board  of  directors  to  open  and  canvass  the  returns,  and 
demand  a recount  of  the  vote  of  the  precinct  that  is  so  claimed 
to  have  been  incorrectly  counted. 

Section  24.  No  list,  tally  paper,  or  certificate  returned  from 
any  election,  shall  be  set  aside  or  rejected  for  want?  of  form,  if 
it  can  be  satisfactorily  understood.  The  board  of  directors  must 
meet  at  its  usual  place  of  meeting  on  the  first  Monday  after 
each  election  to  canvass  the  returns.  If,  at  the  time  of  meeting, 
the  returns  from  each  precinct  in  the  district  in  which  the  polls 
were  opened  have  been  received,  the  board  of  directors  must 
then  and  there  proceed  to  canvass  the  returns ; but  if  all  the 
returns  have  not  been  received,  the  canvass  must  be  postponed 
from  day  to  da}"  until  all  the  returns  have  been  received,  or 
until  six  postponements  have  been  had.  The  canvass  must  be 
made  in  public  and  by  opening  the  returns  and  estimating  the 
vote  of  the  district  for  each  person  voted  for,  and  declaring 
the  result  thereof. 

Section  25.  The  secretary  of  the  board  of  directors  must, 
as  soon  as  the  result  is  declared,  enter  in  the  records  of  such 
board  a statement  of  such  result,  which  statement  must  show : 
(a)  The  whole  number  of  votes  cast  in  the  district,  and  in  each 
division  of  the  district ; (b)  the  names  of  the  persons  voted  for  ; 

(c)  the  office  to  fill  which  each  person  was  voted  for;  (d)  the 
number  of  votes  given  in  each  precinct  to  each  of  such  persons  ; 
(e)  the  number  of  votes  given  in  each  division  for  the  office  of 
director,  and  the  number  of  votes  given  in  the  district  for  the 


IRRIGATION  ACT  OF  1897 


13 


offices  of  assessor,  collector,  and . treasurer.  The  board  of 
directors  must  declare  elected  the  persons  having  the  highest 
number  of  votes  given  for  each  office.  The  secretary  must 
immediately  make  out  and  deliver  to  such  person  a certificate 
of  election,  signed  by  him,  and  authenticated  with  the  seal  of 
the  board. 

In  case  of  a vacancy  in  the  office  of  assessor,  collector,  or 
treasurer,  the  vacancy  shalt  be  filled  by  appointment  of  the 
board  of  directors ; provided,  that  if  said  board  of.  directors 
shall  neglect  or  refuse  to  make  such  appointment  within  a period 
of  forty  days,  then  the  board  of  supervisors  of  the  county 
wherein  the  pffice  of  said  board  of  directors  is  situated  shall 
make  such  appointment.  In  case  of  a vacancy  in  the  office  of 
director,  the  vacancy  shall  be  filled  by  appointment  by  the 
board  of  supervisors  of  the  county  where  the  office  of  such 
board  of  directors  is  situated,  from  the  division  in  which  the 
vacancy  occurred.  An  officer  appointed  as  above  provided  shall 
hold  his  office  until  the  next  regular  election  for  said  district, 
and  until  his  successor  is  elected  and  qualified. 

Section  26.  A director  shall  be  a resident  and  freeholder 
of  the  irrigation  district,  but  not  necessarily  of  the  division  for 
which  he  is  elected. 

Section  27.  The  board  of  directors  may,  in  its  discretion, 
consolidate  any  two  or  more  of  the  offices  of  assessor,  collector, 
and  treasurer.  The  order  of  consolidation  must  be  made  at 
least  tihrty  days  prior  to  general  election  of  the  district,  and 
shall  take  effect  at  the  next  succeeding  election  ; provided,  that 
the  board  of  directors  may,  at  least  thirty  days  before  a general 
election  of  the  district,  where  the  offices  have  been  consolidated, 
segregate  the  same,  each  office  to  be  filled  at  such  election. 

Section  28.  In  any  district  the  board  of  directors  thereof 
may,  upon  a presentation  of  the  petition  therefor,  by  a majority 
of  the  holders  of  title,  or  evidence  of  title,  of  said  district, 
evidenced  as  above  provided,  order  that  on  and  after  the  next 
ensuing  general  election  for  the  district,  there  shall  be  either 
three  or  five  directors,  as  said  board  may  order,  and  they  shall 
be  elected  by  the  district  at  large,  or  by  divisions^  as  so  peti- 
tioned and  ordered ; and  after  such  order  such  directors  shall 
be  so  elected. 

Section  28^2,  relative  to  the  recall  of  officers,  is  found 
at  page  135,  statutes  of  1911,  special  session.  It  is  of  doubtful 
constitutionality  and  is,  therefore,  omitted. 

Title  to  and  Sale  of  Property. 

Section  2.9.  The  legal  title  to  all  property  acquired  under 
the  provisions  of  this  act  shall  immediately  and  by  operation  of 
law  vest  in  such  irrigation  district,  and  shall  be  held  by  such 
district,  in  trust  for,  and  is  hereby  dedicated  and  set  apart  to 
the  uses  and  purposes  set  forth  in  this  act.  And  said  board  is 
hereby  authorized  and  empowered  to  hold,  use,  acquire,  manage, 
occupy  and  possess  said  property,  as  herein  provided.  The 
board  of  directors  may  determine  by  resolution  duly  entered 
upon  their  minutes  that  any  property,  real  or  personal,  held  by 
such  irrigation  district  is  no  longer  necessary  to  be  retained 
for  the  uses  and  purposes  thereof,  and  may  thereafter  sell  such 
property;  and  a conveyance  of  any  property  held  by  an  irriga- 
tion district,  executed  by  the  president  and  secretary  thereof,  in 
accordance  with  a resolution  of  the  board  of  directors  of  each 
district,  when  sold  for  a valuable  consideration,  shall  convey 
good  title  to  the  property  so  conveyed. 


14 


IRRIGATION  ACT  OF  1897 


Issuance  of  Bonds. 

S^LCtion  30.  For  the  purpose  of  constructing  necessary  irri- 
gating canals  and  works,  and  acquiring  the  necessary  property 
and  rights  therefor,  and  for  the  purpose  of  acquiring  waters, 
water  rights  and  other  property  necessary  for  the  purposes  of 
said  district,  and  otherwise  carrying  out  the  provisions  of  this 
act,  the  board  of  directors  of  any  such  district  must,  as  soon 
after  such  district  has  been  organized  as  may  be  practicable, 
and  also  whenever  thereafter  the  construction  fund  has  been 
exhausted  by  expenditures  herein  authorized  therefrom  and  it 
is  necessary  to  raise  additional  money  for  said  purposes,  estimate 
and  determine  the  amount  of  money  necessary  -to  be  raised. 
For  the  purpose  of  ascertaining  the  amount  of  money  necessary 
to  be  raised  for  such  purposes,  or  any  of  them,  said  board  shall 
cause  such  surveys,  examinations,  drawings  and  plans  to  be 
made  as  shall  furnish  the  proper  basis  for  the  said  estimate. 
All  such  surveys,  examinations,  drawings  and  plans,  and  the 
estimate  of  cost  based  thereon  shall  be  made  under  the  direction 
of  a competent  irrigation  engineer  and  shall  be  certified  by  him. 
Said  board  shall  then  submit  a copy  of  the  said  engineer’s  report 
to  the  state  engineer,  who  shall  forthwith  proceed  to  examine 
said  report  and  any  data  in  his  possession  or  in  the  possession 
of  the  district  and  to  make  such  additional  surveys  and  examina- 
tion as  he  may  deem  proper  or  practicable,  and  within  ninety 
days  from  the  time  of  receiving  said  copy  of  said  report  shall 
make  to  the  board  of  directors  of  said  district  a report,  which 
shall  contain  such  matters  as  in  the  judgment  of  the  state 
engineer  may  be  desirable ; provided,  that  it  shall  state  his 
conclusions  as  to  the  supply  of  water  available  for  the  use  of  the 
district  and  the  feasibility  of  the  project  for  which  the  proposed 
bonds  are  to  be  issued.  After  receiving  said  report,  said  board 
of  directors,  if  it  shall  be  convinced  and  shall  declare  by  resolu- 
tion that  the  supply  of  water  available  for  the  use  of  the  district 
is  sufficient  for  the  project  for  which  the  proposed  bonds  are 
to  be  issued,  if  said  issue,  or  any  part  thereof,  is  to  be  used 
for  the  acquisition  or  construction  of  irrigation  works,  and  that 
the  said  project  is  feasible,  shall  make  an  order  determining  the 
amount  of  bonds  that  should  be  issued  in  order  to  raise  the 
amount  of  rfioney  needed  for  the  purpose  or  purposes  for  which 
said  bonds  are  desired.  And  thereafter  said  board,  when  peti- 
tioned by  a majority  of  the  holders  of  title,  or  evidence  of 
title,  and  of  possessory  rights  to  lands  within  the  district, 
such  holders  of  title,  or  evidence  of  title,  and  of  such  pos- 
sessory rights,  representing  a majority  in  value  of  sa 
lands  according  to  the  equalized  assessment  roll  of  the  dis- 
trict, if  such  has  theretofore  been  made,  and,  if  such  has 
not  been  made,  then  according  to  the  equalized  county  assess- 
ment roll  covering  the  lands  in  such  district,  shall  immediately 
call  a special  election,  at  which  shall  be  submitted  to  the 
electors  of  such  district,  possessing  the  qualifications  prescribed 
by  this  act,  the  question  whether  or  not  the  bonds  of  said 
district  in  the  amount  as  set  forth  in  said  petition  shall  be 
issued.  Notice  of  such  election  must  be  given  by  posting 
notices  in  three  public  places  in  each  election  precinct  in  said 
district  for  at  least  twenty  days  and  also  by  publication  of  such 
notice  in  some  newspaper  published  in  the  county  where  the 
office  of  the  board  of  directors  of  such  district  is  required  to 
be  kept,  once  a week  for  at  least  three  successive  weeks.  Such 
notices  must  specify  the  time  of  holding  the  election,  the  amount 
of  bonds  proposed  to  be  issued ; and  said  election  must  be 
held  and  the  result  thereof  determined  and  declared  in  all 
respects  as  nearly  as  practicable  in  conformity  with  the  provi- 
sions of  this  act  governing  the  election  of  officers ; provided. 


IRRIGATION  ACT  OF  1897 


15 


that  no  informalities  in  conducting  such  an  election  shall  invali- 
date the  same  if  the  election  shall  have  been  otherwise  fairly 
conducted.  At  said  election  questions  as  to  the  issuance  of 
bonds  may  be  submitted  separately  on  the  same , ballot  if  esti- 
mates of  the  cost  of  the  respective  projects  have  been  made 
and  the  state  engineer  has  reported  thereon  and  the  aforesaid 
petition  has  requested  that  said  questions  be  so  submitted  and 
the  respective  propositions  have  been  stated  in  the  notices  of 
the  election.  At  such  election  the  ballots  shall  contain  a state- 
ment of  the  proposition  or  propositions  to  be  voted  on,  including 
the  amount  of  bonds  proposed  to  be  issued  for  each  purpose. 
Each  proposition  shall  be  followed  by  the  words  “Yes”  and 
“No,”  on  separate  lines,  with  a small  enclosed  space  after 
each  of  said  words.  The  electors  shall  vote  for  or  against  any 
proposition  by  stamping  a cross  ( X ) in  the  voting  space  after 
the  word  “Yes”  or  “No”  respectively.  On  the  ballot  shall  be 
printed  the  following  under  the  heading  “Instructions  to  voters”  : 
“To  vote  for  a proposition,  stamp  a cross  (X)  in  the  voting 
space  after  the  word  ‘Yes’  following  the  proposition.  To  vote 
against  a proposition,  stamp  a cross  ( X ) in  the  voting  space 
after  the  word  ‘No’  following  the  proposition.”  If  a majority 
of  the  votes  cast  for  and  against  any  proposition  are  for  “Yes,” 
the  board  of  directors  shall  cause  bonds  in  the  amount  specified 
in  such  proposition  to  be  issued ; if  a majority  of  the  votes 
cast  for  and  against  any  proposition  are  for  “No,”  the  result 
of  the  vote  on  such  proposition  shall  be  so  declared  and  entered 
of  record.  Whenever  thereafter  a petition  of  the  character 
hereinbefore  provided  for  in  this  section  is  presented  to  the 
board,  it  shall  so  declare  of  record  in  its  minutes  and  shall 
thereupon  submit  such  questions  to  said  electors  in  the  same 
manner  and  with  like  effect  as  at  such  previous  election.  (1913.) 

Section  31.  All  bonds  issued  under  the  provisions  of  this 
act  shall  be  payable  in  gold  coin  of  the  United  States,  in  twenty 
series,  as  follows,  to-wit : At  the  expiration  of  twenty-one  years 
from  the  date  of  any  issue  of  said  bonds,  two  per  centum  of 
the  whole  amount  of  such  issue  ; at  the  expiration  of  twenty-two 
years  from  said  date,  two  per  centum  of  the  whole  amount  of 
such  issue ; at  the  expiration  of  twenty-three  years  from  said 
date,  three  per  centum  of  the  whole  amount  of  such  issue ; at 
the  expiration  of  twenty-four  years  from  said  date,  three  per 
centum  of  the  whole  amount  of  such  issue ; at  the  expiration 
of  twenty-five  years  from  said  date,  four  per  centum  of  the 
whole  amount  of  such  issue ; at  the  expiration  of  twenty-six 
years  from  said  date,  four  per  centum  of  the  whole  amount  of 
such  issue ; at  the  expiration  of  twenty-seven  years  from  said 
date,  four  per  centum  of  the  whole  amount  of  such  issue ; at  the 
expiration  of  twenty-eight  years  from  said  date,  four  per  centum 
of  the  whole  amount  of  such  issue  ; at  the  expiration  of  twenty- 
nine  years  from  said  date,  five  per  centum  of  the  whole  amount 
of  such  issue ; at  the  expiration  of  thirty  years  from  said  date, 
five  per  centum  of  the  whole  amount  of  such  issue ; at  the 
expiration  of  thirty-one  years  from  said  date,  five  per  centum 
of  the  whole  amount  of  such  issue  ; at  the  expiration  of  thirty- 
two  years  from  said  date,  five  per  centum  of  the  whole  amount 
of  such  issue ; at  the  expiration  of  thirty-three  years  from  said 
date,  six  per  centum  of  the  whole  amount  of  such  issue  ; at  the 
expiration  of  thirty-four  years  from  said  date,  six  per  centum 
of  the  whole  amount  of  such  issue ; at  the  expiration  of  thirty- 
five  years  from  said  date,  six  per  centum  of  the  whole  amount 
of  such  issue ; at  the  expiration  of  thirty-six  years  from  said 
date,  six  per  centum  of  the  whole  amount  of  such  issue ; at  the 
expiration  of  thirty-seven  years  from  said  date,  seven  per  centum 
of  the  whole  amount  of  such  issue ; at  the  expiration  of  thirty- 


16 


IRRIGATION  ACT  OF  1897 


eight  years  from  said  date,  seven  per  centum  of  the  whole 
amount  of  such  issue ; at  the  expiration  of  thirty-nine  years 
from  said  date,  eight  per  centum  of  the  whole  amount  of  such 
issue;  at  the  expiration  of  forty  years  from  said  date,  eight 
per  centum  of  the  whole  amount  of  such  issue ; provided,  that 
the  bonds  of  any  issue  may  be  made  payable  at  the  end  of 
shorter  periods  than  are  specified  herein  and  the  number  of 
series  in  any  issue  may  be  less  than  twenty,  if  the  number  of 
series  in  the  proposed  issue  and  the  proposed  periods  at  the  end 
of  which  the  respective  series  shall  be  payable  are  specified  in 
the  petition  and  in  the  notices  of  the  election  provided  for  in 
section  30  of  this  act.  While  the  foregoing  several  enumerated 
percentages  are  of  the  entire  amount  of  the  bond  issue,  each 
bond  must  be  made  paj’^able  at  a given  time  for  its  entire  amount 
and  not  for  a percentage.  The  date  of  issue  of  any  bond 
authorized  under  this  act  shall  be  deemed  to  be  the  apparent 
date  of  issue  of  the  .said  bonds  appearing  upon  the  face  thereof, 
which  date  shall  be  subsequent  to  the  date  of  the  bond  election 
authorizing  said  bonds  and  prior  to  the  date  of  actual  delivery 
of  said  bonds  to  the  purchasers  thereof.  Said  bonds  shall  bear 
interest  at  a rate  to  be  determined  by  the  board  of  directors  of 
the  district  issuing,  them,  but  not  exceeding  six  per  cent  per 
annum  payable  semi-annually  on  the  first  day  of  January  and 
the  first  day  of  July  of  each  year.  Principal  and  interest  shall 
be  payable  at  the  place  designated  therein.  Said  bonds  shall 
be  each  of  the  denomination  of  not  less  than  one  hundred  dollars 
nor  more  than  one  thousand  dollars,  as  the  board  of  directors 
may  determine ; shall  be  negotiable  in  form,  signed  by  the 
president  and  secretary  of  said  board  of  directors,  and  the  seal 
of  the  board  shall  be  affixed  thereto.  Each  issue  shall  be  num- 
bered consecutively  as  issued,  and  bonds  of  each  issue  shall 
be  numbered  consecutively  and  bear  date  at  the  time  of  their 
issue.  Coupons  for  the  interest  shall  be  attached  to  each  bond, 
signed  by  the  secretary.  Said  bonds  shall  express  on  their  face 
that  they  were  issued  by  authority  of  this  act,  stating  its  title 
and  date  of  approval,  and  also  stating  the  number  of  the  issue 
of  which  such  bonds  are  a part.  The  secretary  shall  keep  a 
record  of  the  bonds  sold,  their  number,  the  date  of  sale,  the 
price  received  and  the  name  of  the  purchaser.  The  provision 
of  this  section  defining  what  shall  constitute  the  date  of  issue 
of  bonds  shall  apply  to  any  and  all  bonds  issued  in  pursuance 
of  this  act.  (1913.) 

Section  32.  The  board  may  sell  said  bonds  from  time  to 
time  in  such  quantities  as  may  be  necessary  and  most  advan- 
tageous to  raise  money  for  the  construction  of  said  canals  and 
works,  the  acquisition  of  said  property  and  rights,  or  the  acquisi- 
tion of  any  water  or  water  rights,  and  otherwise  to  fully  carry 
out  the  objects  and  purposes  of  this  act.  Before  making  any 
sale  the  board  shall,  at  a meeting,  by  resolution,,  declare  its 
intention  to  sell  a specified  amount  of  the  bonds,  and  the 
day  and  hour  and  place  of  such  sale,  and  shall  cause  such 
resolution  to  be  entered  in  the  minutes,  and  notice  of  the  sale 
to  be  given,  by  publication  thereof  at  least  three  weeks  in  some 
newspaper  published  in  the  county  where  the  office  of  the  board 
of  directors  is  located  and  in  any  other  newspaper  at  its 
discretion.  The  notice  shall  state  that  sealed  proposals  will  be 
received  by  the  board  at  their  office,  for  the  purchase  of  bonds, 
till  the  day  and  hour  named  in  the  resolution.  At  the  time 
appointed  the  board  shall  open  the  proposals  and  award  the 
purchase  of  the  bonds  or  any  portion  or  portions  thereof  to 
the  highest  responsible  bidder  or  bidders;  provided,  however, 
that  they  may  reject  any  or  all  bids.  (1913.) 

Section  32j^2-  If  any  irrigation  district  bonds  have  been 


IRRIGATION  ACT  OF  1897 


17 


authorized  before  the  time  when  this  section  shall  go  into  effect 
but  have  not  been  sold  and  the  board  of  directors  of  said 
district  deems  it  desirable  that  said  board  be  authorized  to  sell 
said  bonds  for  less  than  the  par  palue  thereof,  said  board  may 
call  a special  election  to  submit  to  the  voters  of  the  district 
said  proposition.  Such  election  shall  be  held  and  notice  thereof 
shall  be  given  in  the  same  manner  as  is  provided  in  the  case  of 
special  elections  to  authorize  the  issuance  of  bonds  in  irrigation 
districts.  The  proposition  shall  be  stated  in  substantially  the 

following  form:  “Shall  the  board  of  directors  of 

(insert  the  name)  irrigation  district  be  authorized  to  sell  bonds 
of  the  district  for  less  than  the  pwar  value  thereof?”  followed  by 
the  words  ,‘Yes”  and  “No,”  as  provided  in  section  30  hereof. 
If  at  least  two-thirds  of  the  legal  votes  cast  at  such  election 
are  for  “Yes,”  then  the  board  of  directors  may  sell  any  bonds 
authorized  by  said  district  before  this  section  shall  take  effect 
to  the  highest  responsible  bidder  or  bidders,  as  is  provided  in 
the  foregoing  section.  If  less  than  two-thirds  of  the  legal  votes 
cast  at  such  election  shall  be  for  “Yes,”  the  result  shall  be 
entered  of  record.  (1913.) 

Section  33.  Said  bonds,  and  the  interest  thereon,  shall  be 
paid  by  revenue  derived  from  an  annual  assessment  upon  the 
real  property  of  the  district ; and  all  the  real  property  in  the 
district  shall  be  and  remain  liable  to  be  assessed  for  such  pay- 
ments as  hereinafter  provided. 

Section  34.  In  case  the  money  raised  by  the  sale  of  bonds 
issued  be  insufficient,  or  in  case  the  bonds  be  unavailable  for  the 
completion  of  the  plan  of  canal  and  works  adopted,  and  the 
acquisition  of  the  necessary  property,  w'aters  and  water  rights 
therefor,  and  additional  bonds  be  not  voted,  it  shall  be  the  duty 
of  the  board  of  directors  to  provide  for  the  completion  of  said 
plan,  and  the  acquisition  of  such  necessary  property,  waters  and 
water  rights,  by  levy  of  assessments  therefor ; provided,  how- 
ever, that  such  levy  of  assessments  shall  not  be  made  except 
first  an  estimate  of  the  amount  required  for  such  purposes  has 
been  made  by  said  board,  and  the  question  as  to  the  making  of 
said  ievy  submitted  to  a vote  of  the  electors  of  the  district. 
Before  such  question  is  submitted,  the  order  of  submission  shall 
be  entered  in  the  minutes  of  the  board,  stating  the  amount  to 
be  levied  and  the  purpose  therefor,  and  if  submitted  at  a special 
election,  said  order  shall,  in  addition,  fix  the  day  of  election. 
Notice  of  such  election  must  be  given  by  posting  notices  in 
three  public  places  in  each  election  precinct  in  said  district  for 
at  least  twenty  days,  and  also  by  publication  of  such  notice  in 
some  newspaper  published  in  the  county  where  the  office  of  the 
board  of  directors  of  such  district  is  required  to  be  kept  once  a 
week  for  at  least  three  successive  weeks.  Such  notices  must 
specify  the  time  of  holding  the  election,  and  the  amount  of 
assessment  proposed  to  be  levied.  Said  election  must  be  held 
and  the  result  thereof  determined  and  declared  in  all  respects  as 
nearly  as  practicable  in  conformity  with  the  provisions  of  this 
act  governing  the  election  of  officers ; provided,  that  no 
informalities  in  conducting  such  an  election  shall  invalidate  the 
same,  if  the  election  shall  have  been  otherwise  fairly  conducted. 
At  such  election  the  ballots  shall  contain  the  words  “Assess- 
ment— Yes”  or  “Assessment — No,”  or  words  equivalent  thereto. 
If  a majority  of  the  votes  cast  are  “Assessment — Yes,”  the 
board  of  directors  shall  cause  an  assessment  in  the  amount 
named  in  the  order  of  submission  to  be  levied ; if  a majority 
of  the  votes  cast  are  “Assessment — No,”  the  result  of  such 
election  shall  be  so  declared  and  entered  of  record. 


18 


IRRIGATION  ACT  OF  1897 


Duties  of  the  Assessor. 

Section  35.  The  assessor  must,  between  the  first  Monday  in 
March  and  the  first  Monday  in  June,  in  each  year,  assess  all 
real  estate  in  the  district,  to  the  persons  who  own,  claim  or 
have  possession  or  control  thereof,  at  its  full  cash  value,  as 
follows  : He  must  prepare  an  assessment  book,  with  appropriate 
headings,  in  which  must  be  listed  all  such  property  within  the 
district,  in  which  must  be  specified,  in  separate  columns,  under 
the  appropriate  head:  (1)  the  name  of  the  person  to  whom  the 
property  is  assessed.  If  the  name  is  not  known  to  the  assessor, 
the  property  shall  be  assessed  to  “unknown  owners”  ; (2)  land 

by  township,  range,  section  o»  fractional  section,  and  when  such 
land  is  not  a congressional  division  or  subdivision,  by  metes  and 
bonds,  or  other . description  sufficient  to  identify  it,  giving  an 
estimate  of  the  number  of  acres  and  locality;  (3)  city  and  town 
lots, . naming  the  city  or  town,  and  the  number  and  block, 
according  to  the  system  of  numbering  in  such  city  or  town ; 

(4)  the  cash  value  of  real  estate,  other  than  city  or  town  lots; 

(5)  the  cash  value  of  city  and  town  lots;  (6)  the  total  value 
of  all  property  assessed;  (7)  the  total  value  of  all  property 
after  equalization  by  the  board  of  directors;  (8)  such  other 
things  as  the  board  of  directors  may  require.  Improvements  on 
any  lands  or  town  lots  within  such  district,  shall  be  exempt  from 
taxation  for  any  of  the  purposes  mentioned  in  this  act.  Any 
property  which  may  have  escaped  the  payment  of  any  assess- 
ment for  any  year,  shall,  in  addition  to  the  assessment  for  the 
then  current  year,  be  assessed  for  such  year  with  the  same  effect 
and  with  the  same  penalties  as  are  provided  for  in  such  current 
year.  (The  term  improvements  as  used  in  this  section  includes 
trees,  vines,  alfalfa  and  all  growing  crops  and  all  buildings  and 
structuers  of  whatever  class,  or  description  erected  or  being 
erected  upon  said  lands  or  city  or  town  lots.)  Provided,  that 
the  provisions  of  this  section  relating  to  the  exemption  of 
improvements  on  any  lands  or  town  lots  situated  within  the 
district  shall  be  exempt  from  taxation,  shall  not  apply  in  any 
district  now  organized  unless  said  provision  shall  be  approved 
by  a vote  of  a majority  of  the  resident  holders  of  title  to  lands 
situated  within  the  district  and  subject  to  taxation  therein  at  a 
special  election  called  for  the  purpose  of  making  said  provision 
herein  applicable. 

Section  36.  The  board  of  directors  must  allow  the  assessor 
as  many  deputies,  to  be  appointed  by  him,  as  will,  in  the  judg- 
ment of  the  board,  enable  him  to  complete  the  assessment 
within  the  time  herein  prescribed.  The  board  must  fix  the 
compensation  of  such  deputies,  which  shall  be  paid  out  of  the 
treasury  of  the  district.  The  compensation  must  not  exceed  five 
dollars  per  day  for  each  deputy,  for  the  time  actually  engaged, 
nor  must  any  allowance  be  made  but  for  work  done  between  the 
first  Monday  in  March  and  the  first  Monday  in  August  in 
each  year. 

Section  37.  On  or  before  the  first  Monday  in  August  in 
each  year,  the  assessor  must  complete  his  assessment  book,  and 
deliver  it  to  the  secretary  of  the  board,  who  must  immediately 
give  notice  thereof,  and  of  the  time  the  board  of  directors,  acting 
as  a board  of  equalization,  will  meet  to  equalize  assessments,  by 
publication  in  a newspaper  published  in  each  of  the  counties 
comprising  the  district.  The  time  fixed  for  the  meeting  shall 
not  be  less  than  twenty  nor  more  than  thirty  days  from  the 
first  publication  of  the  notice ; and  in  the  meantime  the  assess- 
ment book  must  remain  in  the  office  of  the  secretary  for  the 
inspection  of  all  persons  interested. 


IRRIGATION  ACT  OF  1897 


19 


Equalization  of  Assessment. 

Section  38.  Upon  the  day  specified  in  the  notice  required 
by  the  preceding  section  for  the  meeting,  the  board  of  directors, 
which  is  hereby  constituted  a board  of  equalization  for  that 
purpose,  shall  meet  and  continue  in  session  from  time  to  time, 
as  long  as  may  be  necessary,  not  to  exceed  ten  days,  exclusive 
of  Sundays,  to  hear  and  determine  such  objections  to  the  valua- 
tion and  assessment  as  may  come  before  them ; and  the  board 
may  change  the  valuation  as  may  be  just.  The  secretary  of  the 
board  shall  be  present  during  its  sessions,  and  note  all  changes 
made  in  the  valuation  of  property,  and  in  the  names  of  persons 
whose  property  is  assessed  ; and  within  ten  days  after  the  close 
of  the  session  he  shall  have  the  total  values,  as  finally  equalized 
by  the  board,  extended  into  columns  and  added. 

Levy  of  and  Collection  of  Assessments. 

Section  39.  The  board  of  directors  shall  then,  within  fifteen 
days  after  the  close  of  its  session  as  a board  of  equalization, 
levy  an  assessment  sufficient  to  raise  the  annual  interest  on  the 
outstanding  bonds,  and  in  any  year  in  which  any  bond  shall  fall 
due  must  increase  such  assessment  to  an  amount  sufficient  to 
raise  a sum  sufficient  to  pay  the  principal  of  the  outstanding 
bonds  as  they  mature ; also,  sufficient  to  pay  in  full  all  sums 
due,  or  that  shall  become  due  from  the  district,  before  the  time 
for  levying  the  next  annual  assessment,  on  account  of  rentals 
or  charges  for  lands,  water  or  water  rights  acquired  by  said 
district  under  lease  or  contract ; also,  sufficient  to  pay  in  full  the 
amount  of  any  other  contract  or  obligation  of  the  district  which 
shall  have  been  reduced  to  judgment.  The  secretary  of  the 
board  must  compute  and  enter  in  a separate  column  of  the 
assessment  book  the  respective  sums  in  dollars  and  cents  to  be 
paid  as  an  assessment  on  the  property  therein  enumerated. 
When  collected,  the  assessment  shall  be  paid  into  the  district 
treasurj'^  and  be  apportioned  to  the  several  proper  funds.  In 
case  of  the  neglect  or  refusal  of  the  board  of  directors  to  cause 
such  assessment  and  levies  to  be  made  as  in  this  act  provided, 
then  the  duly  equalized  assessment  made  by  the  county  assessor 
of  the  county  or  each  of  the  respective  counties  in  which  the 
district  is  situated  shall  be  the  basis  of  assessment  for  the 
district,  and  the  board  of  supervisors  of  the  county  in  which  the 
office  of  the  board  of  directors  of  said  district  is  situated  shall 
cause  an  assessment  roll  of  said  district  to  be  prepared,  and 
shall  make  the  levy  required  by  this  act,  in  the  same  manner 
and  with  like  effect  as  if  the  same  had  been  made  by  said  board 
of  directors  and  all  expenses  incident  thereto  shall  be  borne  by 
such  district  and  may  be  collected  by  suit  at  law,  which  shall 
be  commenced  by  the  district  attorney  of  the  county  whose 
board  of  supervisors  caused  said  assessment  roll  to  be  prepared, 
unless  the  amount  of  such  expenses  shall  be  paid  within  sixty 
days  from  the  time  when  proper  demand  shall  have  been  made 
therefor.  In  case  of  the  neglect  or  refusal  of  the  collector  or 
treasurer  of  any  irrigation  district  to  perform  the  duties 
imposed  by  law,  then  the  tax  collector  and  the  treasurer  of  the 
county  in  which  the  office  of  the  board  of  directors  of  such 
district  is  situated  must  respectively  perform  such  duties  and 
shall  be  accountable  therefor  upon  their  official  bonds ; but,  in 
case  any  county  tax  collector  shall  collect  any  assessment  for 
any  irrigation  district,  he  shall  pay  the  same  to  the  county 
treasurer,  who  shall  place  such  money  in  a special  fund  to  the 
credit  of  the  district  and  shall  disburse  the  same  to  the  proper 
persons  for  the  purposes  for  which  such  assessrnents  have  been 
levied  and  shall  not  pay  any  part  thereof  to  the  treasurer  of  said 


20 


IRRIGATION  ACT  OF  1897 


district  until  said  county  treasurer  shall  be  satisfied  that  all  of 
the  valid  obligations  for  which  such  assessments  were  levied  and 
for  which  payment  has  been  demanded  have  been  paid.  It  shall 
be  the  duty  of  the  district  attorney  of  each  county  in  which  the 
office  of  any  irrigation  district  is  located  to  ascertain  each  year 
whether  the  duties  relating  to  the  levying  and  collection  of 
assessments,  as  in  this  act  provided,  have  been  performed,  and, 
if  he  shall  learn  that  the  board  of  directors  or  any  official  of 
any  such  irrigation  district  has  neglected  or  refused  to  perform 
any  such  duty,  said  district  attorney  shall  so  notify  the  board 
of  supervisors  or  the  county  official  required  by  this  act  to 
perform  such  duty  in  such  case,  and,  unless  such  board  of 
supervisors  or  such  county  official  shall  proceed  to  the  perform- 
ance of  such  duty  within  thirty  days  after  the  receipt  of  such 
notice,  the  district  attorney  shall  take  such  action  in  court  as 
may  be  necessary  to  compel  the  performance  of  such  duty, 
and  said  district  attorney  shall  give  such  notice  to  other  officials, 
and  shall  take  such  action,  as  may  be  necessary  to  secure  the 
performance  in  their  proper  sequence  of  the  other  duties  relating 
to  the  levying  and  collection  of  assessments,  as  in  this  act 
provided ; provided,  that  for  the  enforcement  of  the  levying 
and  collection  of  any  assessment  hereafter  required  to  be 
levied  and  collected  for  the  payment  of  any  debt  hereafter 
incurred,  in  case  complaint  shall  be  made  to  the  attorney 
general  of  the  state  of  California  that  the  district  attorney  of 
any  county  has  not  performed  any  duty  devolving  upon  him  by 
the  provisions  of  this  section,  or  that  he  is  not  proceeding  with 
due  diligence  or  in  the  proper  manner  in  the  performance  of 
any  such  duty,  the  attorney  general  shall  make  an  investigation, 
and  if  it  shall  be  found  that  such  charge  or  charges  are  true, 
said  attorney  general  shall  take  such  measures  aS  may  be  neces- 
sary to  enforce  the  performance  of  the  duties  relating  to  the 
levying  and  collection  of  assessments,  as  in  this  act  provided. 
In  case,  as  the  result  of  the  neglect  or  refusal  of  any  official 
or  officials  to  perform  any  duty  relating  to  the  levying  and 
collection  of  assessments,  as  in  this  act  provided,  it  shall  be 
impossible  for  such  duty  to  be  performed  within  the  time 
required  and  such  duty  shall  subsequently  be  performed,  then 
the  time  within  which  all  duties  consequent  upon  the  perform- 
ance of  such  duty  shall  be  performed  shall  be  extended  so  as  to 
allow  the  elapsing  of  the  intervals  required  by  this  act  to  elapse 
between  the  performance  of  such  duties,  and  the  assessments 
herein  provided  for  shall  not  become  delinquent  for  at  least 
thirty  days  after  the  first  publication  of  the  notice  that  such 
assessments  are  due  and  payable,  as  provided  in  section  41  of 
this  act.  In  the  event  any  land  within  said  district  subject 
to  assessment  for  the  purposes  of  the  district  has  not  been 
assessed  by  the  county  assessor  or  does  not  appear  upon  the 
county  assessment  roll  adopted  by  said  board  of  supervisors  as 
the  basis  of  assessment  for  the  district,  the  land  so  omitted 
belonging  to  any  person,  association,  corporation,  or  munici- 
pality shall  be  forthwith  assessed  by  the  county  assessor  upon 
an  order  of  the  board  of  supervisors  and  a description  of  the 
property  so  omitted  shall  be  written  in  the  roll  prepared  for  the 
purpose  of  district  assessments.  In  such  case,  before  any  assess- 
ment is  levied,  the  board  of  supervisors  must  meet  and  equalize 
said  assessment  with  that  of  the  assessment  of  other  lands  in 
said  district.  The  same  notice  shall  be  given  by  the  board  of 
supervisors  of  such  meeting  for  the  purpose  of  equalizing  the 
assessment  to  be  .made  as  herein  directed  as  is  provided  in  this 
act  to  be  given  by  the  board  of  directors  of  an  irrigation  district 
when  the  said  board  is  to  meet  for  the  purpose  of  equalizing 
assessments.  All  the  powers  and  duties  respecting  the  collection 
of  all  assessments  on  possession  of,  claim  to,  or  rights  to  the 


IRRIGATION  ACT  OF  1897 


21 


possession  of  land  now  provided  in  sections  3820,  3821,  3822, 
3823,  3824,  3825  and  3829  of  the  Political  Code,  as  regards 
county  assessors  shall  apply,  so  far  as  applicable,  to  irrigation 
district  assessors.  (1913.) 

Section  40.  The  assessment  upon  real  property  is  a lien 
against  the  property  assessed  from  and  after  the  first  Monday 
in  March  for  any  year,  and  the  lien  for  the  bonds  of  any  issue 
shall  be  a preferred  lien  to  that  for  any  subsequent  issue,  and 
such  lien  is  not  removed  until  the  assessments  are  paid,  or  the 
property  sold  for  the  payment  thereof. 

Section  41.  On  or  before  the  first  day  of  November,  the 
secretary  must  deliver  the  assessment  book  to  the  collector  of 
the  district,  who  shall  within  twenty  days  publish  a notice  in  a 
newspaper  published  in  each  county  in  which  any  portion  of 
the  district  may  lie,  that  said  assessments  are  due  and  payable 
and  will  become  delinquent  at  six  o’clock  p.  m.  on  the  last 
Monday  of  December  next  thereafter,  and  that  unless  paid  prior 
thereto  ten  per  cent  will  be  added  to  the  amount  thereof,  and 
also  the  time  and  place  at  which  payment  of  assessments  may  be 
made,  which  notice  shall  be  published  for  the  period  of  two 
weeks.  The  collector  must  attend  at  the  time  and  place  specified 
in  the  notice  to  receive  assessments,  which  must  be  paid  in  gold 
and  silver  coin ; he  must  mark  the  date  of  payment  of  any 
assessment  in  the  assessment  book,  opposite  the  name  of  the 
person  paying,  and  give  a receipt  to  such  person,  specifying  the 
amount  of  the  assessment  and  the  amount  paid,  with  the  descrip- 
tion of  the  property  assessed.  On  the  last  Monday  in  December 
at  six  o’clock  p.  m.  of  each  year,  all  unpaid  assessments  are 
delinquent  and  thereafter  the  collector  must  collect  thereon,  for 
the  use  of  the  district,  an  addition  of  ten  per  cent.  (1913.) 

Publication  of  Delinquent  Notice. 

Section  42.  On  or  before  the  first  day  of  February,  the 
collector  must  publish  the  delinquent  list,  which  must  contain 
the  names  of  the  persons  and  a description  of  the  property 
delinquent,  and  the  amount  of  the  assessments  and  costs  due 
opposite  each  name  and  description.  He  must  append  to  and 
publish  with  the  delinquent  list  a notice  that,  unless  the  assess- 
ments delinquent,  together  with  costs  and  percentage,  are  paid, 
the  real  property  upon  which  such  assessments  are  a lien  will 
be  sold  at  public  auction.  The  publication  must  be  made  once 
a week  for  three  successive  weeks,  in  a newspaper  published 
in  the  county  in  which  the  property  delinquent  is  situated ; 
provided,  that  if  any  property  assessed  to  the  same  person  or 
corporation  shall  lie  in  more  than  one  county,  then  such  publica- 
tion may  be  made  in  any  county  in  which  any  portion  of  such 
property  may  lie.  The  publication  must  designate  the  time  and 
place  of  sale.  The  time  of  sale  must  not  be  less  than  twenty-one 
nor  more  than  twenty-eight  days  from  the  first  publication,  and 
the  place  must  be  at  some  point  designated  by  the  collector, 
within  the  district ; provided,  however,  that  if  there  should 
occur  any  error  in  the  publication  of  the  sale  of  the  delinquent 
property,  which  might  invalidate  a sale  made  thereunder,  and 
such  error  is  discovered  prior  to  the  sale  thereunder  the 
collector  shall  at  once  republish  the  sale  of  the  property  affected 
by  such  error,  making  such  republication  conform  to  the  provi- 
sions of  this  law,  and  the  time  of  sale  designated  in  such 
republication  must  not  be  less  than  twenty-one  nor  more  than 
twenty-eight  days  from  the  first  republication ; and  the  place 
of  sale  must  be  at  some  point  designated  by  the  collector 
within  the  district,  and  stated  in  such  republication. 


22 


IRRIGATION  ACT  OF  1897 


Sale  for  Delinquent  Assessments. 

Section  43.  The  collector  must  collect,  in  addition  to  the 
assessments  due  on  the  delinquent  list,  and  ten  per  cent  added, 
fifty  cents  on  each  lot,  piece  or  tract  of  land  separately  assessed. 
On  the  day  fixed  for  the  sale,  or  some  subsequent  day  to  which 
he  may  have  postponed  it,  of  which  he  must  give  notice,  the 
collector,  between  the  hours  of  ten  a.  m.  and  three  o’clock 
p.  m.,  must  commence  the  sale  of  the  property  advertised,  com- 
mencing at  the  head  of  the  list  and  continuing  alphabetically, 
or  in  the  numerical  order  of  the  lots  or  blocks,  until  completed. 
He  may  postpone  the  day  of  commencing  the  sales,  or  the  sale, 
from  day  to  day,  but  the  sale  must  be  completed  within  three 
weeks  from  the  day  first  fixed ; provided,  that  if  any  sale  or 
sales  shall  be  stayed  by  legal  proceedings,  the  time  of  the  con- 
tinuance of  such  proceedings  is  not  part  of  the  time  limited 
for  making  such  sale  or  sales ; and  provided  further,  that  in 
any  district  where  the  validity  of  any  assessment  shall  be  in 
litigation  at  the  time  this  act  shall  take  effect,  the  sale  of  any 
property,  whether  it  be  involved  in  such  liigation  or  not,  may 
be  postponed  for  a time  not  to  exceed  four  months.  (1913.) 

Section  44.  The  owner  or  person  in  possession  of  any  real 
estate  offered  for  sale  for  assessments  due  thereon  may  designate, 
in  writing,  to  the  collector,  prior  to  the  sale,  ^hat  portion  of  the 
property  he  wishes  sold,  if  less  than  the  whole ; but  if  the 
owner  or  possessor  does  not,  then  the  collector  may  designate 
it  and  the  person  who  will  take  the  least  quantity  of  the  land, 
or  in  case  an  undivided  interest  is  assessed,  then  the  smallest 
portion  of  the  interest,  and  pay  the  assessments  and  costs  due, 
including  two  dollars  for  the  duplicate  certificate  of  sale,  is  the 
purchaser.  If  the  purchaser  does  not  pay  the  assessments  and 
costs  before  ten  o’clock  a.  m.  the  following  day,  the  property  on 
the  next  sale  day  must  be  resold  for  the  assessments  and  costs. 
But  in  case  there  is  no  purchaser  in  good  faith  for  the  same  on 
the  first  day  that  the  property  is  offered  for  sale,  then,  when 
the  property  is  offered  thereafter  for  sale,  and  there  is  no  pur- 
chaser in  good  faith  for  the  same,  the  whole  amount  of  the 
property  assessed  shall  be  struck  off  to  the  irrigation  district 
within  which  such  lands  are  situated,  as  the  purchaser,  and  the 
duplicate  certificate  delivered  to  the  treasurer  of  the  district, 
and  filed  b:/  him  in  his  office.  No  charge  shall  be  made  for 
the  duplicate  certificate  where  the  district  is  the  purchaser,  and, 
in  such  case,  the  collector  shall  make  an  entry  “Sold  to  the 
District,”  and  he  shall  be  credited  with  the  amount  thereof  in 
his  settlement.  An  irrigation  district  as  a purchaser  at  such 
sale,  shall  be  entitled  to  the  same  rights  as  a private  purchaser, 
and  the  title  so  acquired  by  the  district,  subject  to  the  right  of 
redemption  herein  provided,  may  be  conveyed  by  deed,  executed 
and  acknowledged  by  the  president  and  secretary  of  said  board ; 
provided,  that  authority  to  so  convey  must  be  conferred  by 
resolution  of  the  board  entered  on  its  minutes,  fixing  the  price 
at  which  such  sale  may  be  made,  and  such  conveyance  shall 
not  be  made  for  a less  sum  than  the  reasonable  market  value 
of  such  propertj\ 

Section  45.  After  receiving  the  amount  of  assessments  and 
costs,  the  collector  must  make  out  in  duplicate  a certificate, 
dated  on  the  day  of  sale,  stating  (when  known)  the  name  of 
the  person  assessed,  a description  of  the  land  sold,  the  amount 
paid  therefor,  that  it  was  sold  for  assessments,  giving  the 
amount  and  year  of  the  assessment,  and  specifying  the  time 
when  the  purchaser  will  be  entitled  to  a deed.  The  certificate 
must  be  signed  by  the  collector,  and  one  copy  delivered  to  the 


IRRIGATION  ACT  OF  1897 


23 


purchaser,  and  the  other  filed  in  the  office  of  the  county  recorder 
of  the  county  in  which  the  land  is  situated. 

Section  46.  The  collector,  before  delivering  any  certificate, 
must,  in  a book  enter  a description  of  the  land  sold,  corre- 
sponding with  the  description  in  the  certificate,  the  date  of  the 
sale,  purchasers’  names,  and  amount  paid,  regularly  number  the 
description  on  the  margin  of  the  book,  and  put  a corresponding 
number  on  each  certificate.  Such  book  must  be  open  to  public 
inspection,  without  fee,  during  office  hours,  when  not  in  actual 
use.  On  filing  the  certificate  with  such  county  recorder,  the 
lien  of  the  assessments  vests  with  the  purchaser,  and  is  only 
divested  by  the  payment  to  him,  or  to  the  collector  for  his  use, 
of  the  purchase  money,  and  two  per  cent  per  month  from  the 
day  of  sale  until  redemption. 

Redemption  of  Property  Sold  for  Delinquent  Assessments. 

Section  47.  A redemption  of  the  property  sold  may  be 
made  by  the  owner,  or  any  party  in  interest,  within  five  years 
from  the  date  of  purchase,  or  at  any  time  thereafter  before  a 
deed  has  been  made  and  delivered.  Redemption  must  be  made 
in  gold  or  silver  coin,  as  provided  for  the  collection  of  state  and 
county  taxes,  and  when  made  to  the  collector  he  must  credit 
the  amount  paid  to  the  person  named  in  the  certificate,  and 
pay  it,  on  demand,  to  the  person  or  his  assignees.  In  each 
report  the  collector  makes  to  the  board  of  directors,  he  must 
name  the  person  entitled  to  redemption  money,  and  the  amount 
due  each.  On  receiving  the  certificate  of  sale,  the  county 
recorder  must  file  it  and  make  an  entry  in  a book  similar  to 
that  required  of  the  collector.  On  the  presentation  of  the 
receipt  of  the  person  named  in  the  certificate,  or  of  the  collector 
for  his  use,  of  the  total  amount  of  the  redemption  money,  the 
recorder  must  mark  the  word  “redeemed,”  the  date,  and  by 
whom  redeemed,  on  the  certificate  and  on  the  margin  of  the 
book  where  the  entry  of  the  certificate  is  made.  If  the  property 
is  not  redeemed  within  the  time  herein  provided,  the  collector, 
or  his  successor  in  office,  upon  demand,  must  make  to  the  pur- 
chaser, or  his  assignee,  a deed  of  the  property,  reciting  in  the 
deed  substantially  the  matters  contained  in  the  certificate,  and 
that  no  person  redeemed  the  prctperty  during  the  time  allowed 
by  law  for  its  redemption ; provided,  that  where  property  has 
been  sold  to  the  district  it  may  be  redeemed  as  herein  provided, 
at  any  time  before  the  district  has  disposed  of  the  same.  The 
collector  shall  receive  from  the  purchaser,  for  the  use  of  the 
district,  two  dollars  for  making  such  deed. 

Section  47  The  five-year  period  herein  prescribed  for 
the  redemption  of  properties  sold  for  delinquent  taxes  shall  not 
operate  as  a bar  to  the  dissolution  of  any  irrigation  district. 
If  any  land  has  been  sold  for  delinquent  taxes  of  a district 
in  process  of  dissolution,  or  in  a district  which  has  been  dis- 
solved and  the  time  allowed  for  redemption  has  not  expired,  the 
owner  of  such  property  or  any  one  in  interest  may  redeem  the 
same  by  paying  the  amount  due  thereon,  computed  as  provided 
in  section  46  of  this  act,  to  the  county  treasurer,  who  must 
issue  his  receipt  therefor,  and  upon  the  presentation  of  such 
receipt  the  county  recorder  must  cancel  the  certificate  of  sale 
in  the  manner  required  in  the  preceding  section. 

In  the  event  any  land  has  been  sold  for  non-payment  of 
taxes  as  herein  provided,  and  no  redemption  has  been  made 
within  five  years  from  the  date  of  purchase  in  any  district 
which  may  have  been  dissolved  before  the  expiration  of  said 
redemption  period,  then  a deed  for  the  property  sold  and 


24 


IRRIGATION  ACT  OF  1897 


described  in  the  certificate  of  sale  must  be  made  to  the  pur- 
chaser upon  demand  by  the  county  treasurer  of  the  county  in 
which  said  irrigation  district  is  or  was  situated.  Such  deed 
shall  contain  all  the  recitals  of  the  certificate  of  sale,  and  in 
addition  thereto,  a recital  that  the  district  has  been  dissolved 
and  a deed  exectued  in  pursuance  of  the  authority  given  by  this 
section,  A deed  so  executed  shall  have  the  same  force  and 
effect  as  if  executed  by  the  collector  of  an  irrigation  district. 

Section  48.  The  matter  recited  in  the  certificate  of  sale 
must  be  recited  in  the  deed,  and  such  deed  duly  acknowledged 
or  proved  is  prima  facie  evidence  that:  (a)  The  property  was 
assessed  as  required  by  law ; (b)  the  property  was  equalized 
as  required  by  law ; (c)  that  the  assessments  were  levied  in 
accordance  with  law;  (d)  the  assessments  were  not  paid; 
(e)  at  a proper  time  and  place  the  property  was  sold  as  pre- 
scribed by  law,  and  by  the  proper  officer;  (f)  the  property  was 

not  redeemed;  (g)  the  person  who  executed  the  deed  was  the 
proper  officer. 

Such  deed  duly  acknowledged  or  proved  is  (except  as 
against  actual  fraud)  conchisive  evidence  of  the  regularity  of 

all  the  proceedings  from  the  assessment  by  the  assessor,  inclu- 
sive, up  to  the  execution  of  the  deed.  The  deed  conveys  to 
the  grantee  the  absolute  title  to  the  lands  described  therein 
free  of  all  incumbrances,  except  when  the  land  is  owned  by  the 
United  States,  or  this  state,  in  which  case  it  is  prima  facie 

evidence  of  the  right  of  possession. 

Section  49.  The  assessment  book  or  delinquent  list,  or  a 
copy  thereof,  certified  by  the  collector,  showing  unpaid  assess- 
ments against  any  person,  or  property,  is  prima  facie  evidence 
of  the  assessment,  the  property  assessed,  the  delinquency,  the 
amount  of  assessments  due  and  unpaid,  and  that  all  the  forms 
of  the  law  in  relation  to  the  assessment  and  levy  of  such  assess- 
ments have  been  complied  with. 

Section  50,  When  land  is  sold  for  assessments  correctly 
imposed,  as  the  property  of  a particular  person,  no  misnomer  of 
the  owner,  or  supposed  owner,  or  other  mistake  relating  to  the 
ownership  thereof,  affects  the  sale,  or  renders  it  void,  or  voidable. 

Section  51.  On  the  first  Monday  in  each  month,  tlie  col- 
lector must  settle  with  the  secretary  of  the  board  for  alT  moneys 
collected  for  assessments,  and  pay  the  same  over  to  the 
treasurer ; and  within  six  days  thereafter  he  must  deliver  to 
and  file  in  the  office  of  the  secretary  a statement  under  oath, 
showing:  (a)  An  account  of  all  his  transactions  and  receipts 
since  his  last  settlement ; (b)  that  all  money  collected  by  him 

as  collector  has  been  paid.  The  collector  shall  also  file  in  the 
office  of  the  secretary,  on  said  first  Monday  in  each  month,  the 
receipt  of  the  treasurer  for  the  money  so  paid. 

Redemption  of  Bonds  and  Payment  of  Interest. 

Section  52.  Upon  the  presentation  of  the  coupons  due,  to 
the  treasurer,  he  shall  pay  the  same  from  the  bond  fund.  When- 
ever said  fund  shall  amount  to  the  sum  of  ten  thousand  dollars 
in  excess  of  an  amount  sufficient  to  meet  the  interest  coupons 
due,  the  board  of  directors  may  direct  the  treasurer  to  pay  such 
an  amount  of  said  bonds  not  due  as  the  money  in  said  fund 
will  redeem,  at  the  lowest  value  at  which  they  may  be  offered 
for  liquidation,  after  advertising  in  the  manner  hereinbefore 
provided  for  the  sale  of  bonds,  for  sealed  proposals  for  the 
redemption  of  said  bonds.  Said  proposals  shall  be  opened  by 


IRRIGATION  ACT  OF  1897 


25 


the  board  in  open  meeting,  at  a time  to  be  named  in  the  notice, 
and  the  lowest  bid  for  said  bonds  must  be  accepted ; provided, 
that  no  bond  shall  be  redeemed  at  a rate  above  par.  In  case 
the  bids  are  equal,  the  lowest  numbered  bond  shall  have  the 
preference.  In  case  none  of  the  holders  of  said  bonds  shall 
desire  to  have  the  same  redeemed,  as  herein  provided  for,  said 
money  shall  be  invested  by  the  treasurer,  under  direction  of  the 
board,  in  Unitd  States  bonds,  or  the  bonds  of  the  state,  which 
shall  be  kept  in  said  “bond  fund,”  and  may  be  used  to  redeern 
said  district  bonds  whenever  the  holders  thereof  may  desire. 

Construction  of  Works. 

Section  53.  After  adopting  a plan  for  such  canal  or  canals, 
storage  reservoirs,  and  works,  as  in  this  act  provided  for,  the 
board  of  directors  shall  give  notice,  by  publication  thereof  not 
less  than  twenty  days  in  one  newspaper  published  in  each  of 
the  counties  composing  the  district  (provided,  a newspaper  is 
published  therein),  and  in  such  other  newspapers  as  they  may 
deem  advisable,  calling  for  bids  for  the  construction  of  such 
work,  or  of  any  portion  thereof ; if  less  than  the  whole  work 
is  advertised,  then  the  portion  so  advertised  must  be  particularly 
described  in  such  notice.  Said  notice  shall  set  forth  that  plans 
and  specifications  can  be  seen  at  the  office  of  the  board,  and 
that  the  board  will  receive  sealed  proposals  therefor,  and  that 
the  contract  will  be  let  to  the  lowest  responsible  bidder,  stating 
the  time  and  place  for  opening  said  proposals,  which,  at  the 
time  and  place  appointed,  shall  be  opened  in  public ; and  as 
soon  as  convenient  thereafter  the  board  shall  let  said  work, 
either  in  portions  or  as  a whole,  to  the  lowest  responsible 
bidder;  or  they  may  reject  any  or  all  bids  and  readvertise  for 
proposals,  or  may  proceed  to  construct  the  work  under  their 
own  superintendence.  Contracts  for  the  purchase  of  material 
shall  be  a’\^arded  to  the  lowest  responsible  bidder.  Any  person 
or  persons  to  whom  a contract  may  be  awarded  shall  enter  into 
a bond,  with  good  and  sufficient  sureties,  to  be  approved  by 
the  board,  payable  to  said  district  for  its  use,  for  twenty-five 
per  cent  of  the  amount  of  the  contract  price,  conditioned  for  the 
faithful  performance  of  said  contract.  The  work  shall  be  done 
under  the  direction  and  to  the  satisfaction  of  the  engineer,  and 
be  approved  by  the  board. 

.Section  54.  No  claim  shall  be  paid  by  the  treasurer  until 
allowed  by  the  board,  and  only  upon  a warrant  signed  by  the 
president,  and  countersigned  by  the  secretary ; provided,  that 
the  board  may  draw,  from  time  to  time,  from  the  construction 
fund,  and  deposit  in  the  county  treasury  of  the  county  where 
the  office  of  the  board  is  situated  any  sum  in  excess  of  the 
sum  of  twenty-five  thousand  dollars.  The  county  treasurer  of 
said  county  is  hereby  authorized  and  required  to  receive  and 
receipt  for  the  same,  and  place  the  same  to  the  credit  of  said 
district,  and  he  shall  be  responsible  upon  his  official  bond  for 
the  safe-keeping  and  disbursement  of  the  same,  as  in  this  act 
provided.  He  shall  pay  out  the  same,  or  any  portion  thereof, 
to  the  treasurer  of  the  district  only,  and  only  upon  the  order  of 
the  board,  signed  by  the  president,  and  attested  by  the  secretary. 
The  said  county  treasurer  shall  report,  in  writing,  on  the  second 
Monday  in  each  month,  the  amount  of  money  in  the  county 
treasury,  the  amount  of  receipts  for  the  month  preceding  and 
the  amount  or  amounts  paid  out ; said  report  shall  be  verified 
and  filed  with  the  secretary  of  the  board.  The  district  treasurer 
shall  also  report  to  the  board,  in  writing,  on  the  first  Monday 
in  each  month,  the  amount  of  money  in  the  district  treasury, 
the  amount  of  receipts  for  the  month  preceding,  and  the  amount 


26 


IRRIGATION  ACT  OF  1897 


and  items  of  expenditures,  and  said  report  shall  be  verified  and 
filed  with  the  secretary  of  the  board. 

Section  54^.  During  the  construction  of  any  work  to  be 
paid  for  out  of  the  proceeds  of  the  sale  of  any  bonds  of  any 
irrigation  district  within  this  state,  the  secretary  of  the  board 
of  directors  shall,  within  one  week  after  each  regular  meeting 
of  said  board,  forward  to  the  state  engineer  copies  of  all 
reports  made  to  said  board  as  to  the  progress  of  said  work  and 
a statement  of  the  amounts  paid  for  the  doing  of  any  part  of  said 
work.  Immediately  after  the  publication  of  the  statement  of 
the  financial  condition  of  any  irrigation  district  within  this 
state,  required  by  section  14  of  this  act  to  be  made  annually, 
the  board  of  directors  of  said  district  shall  cause  a copy  of 
said  statement  and  a report  stating  the  general  condition  of  any 
works  constructed  or  acquired  by  said  district  and  whether 
or  not  the  plan  of  irrigation  adopted  by  the  district  is  being 
successfully  carried  out  and  any  other  matters  which  the  board 
may  deem  proper,  to  be  forwarded  .to  the  state  engineer,  who 
shall  examine  said  statement  and  report  and  make  to  said 
board  such  recommendations  and  comments  as  he  may  deem 
proper.  The  state  engineer  may  at  any  time  make  or  cause 
to  be  made  an  examination  of  the  affairs  of  any  irrigation 
district  within  this  state  or  call  upon  the  authorities  of  such 
district  for  such  information  as  he  may  desire  and  make  such 
report  thereon  as  he  may  deem  advisable.  (1913.) 

Tolls  and  Charges. 

Section  55.  The  cost  and  expense  of  purchasing  and  acquir- 
ing property  and  constructing  the  works  and  improvements 
herein  provided  for,  shall  be  wholly  paid  out  of  the  construction 
fund ; provided,  however,  that  when  any  lands,  waters,  water 
rights  or  other  property  shall  be  acquired  by  the  district  by  any 
lease  or  contract,  under  the  terms  of  which  the  consideration  or 
rental  shall  be  payable  in  such  installments  that  a like  amount 
shall  be  payable  in  each  year  of  the  life  of  such  lease  or 
contract,  then  such  rental  or  consideration  shall  be  paid  out 
of  the  funds  derived  from  the  levying  of  annual  assessments, 
or  from  the  collection  of  rates,  tolls  and  charges  fixed  and 
collected  as  hereinafter  provided  for.  For  the  purpose  of 
defraying  the  expenses  of  the  organization  of  the  district,  and 
of  the  care,  operation,  management,  repair  and  improvement  of 
such  portions  of  such  canal  and  works  as  are  completed  and 
in  use,  including  salaries  of  officers  and  employes,  and  install- 
ments of  rental  or  consideration  accruing  under  any  lease  or 
contract  as  hereinabove  in  this  section  mentioned,  the  board 
may  in  lieu  (either  in  part,  or  in  whole)  of  levying  assessments 
as  herein  provided  for,  fix  rates  of  toll  and  charges,  for  irriga- 
tion and  other  public  uses  declared  by  this  act  and  collect  the 
same  from  all  persons  using  said  canal  for  irrigation  and  other 
purposes. 

Section  56.  The  board  of  directors  shall  have  power  to 
construct  the  said  works  across  any  stream  of  water,  water- 
course, street,  avenue,  highway,  railway,  canal,  ditch,  or  flume 
which  the  route  of  said  canal  or  canals  may  intersect  or  cross, 
in  such  manner  as  to  afford  security  for  life  and  property ; but 
said  board  shall  restore,  the  same,  when  so  crossed  or  inter- 
sected, to  its  former  state  as  near  as  may  be,  or  in  a sufficient 
manner  not  to  have  impaired  unnecessarily  its  usefulness ; and 
every  company  whose  railroad  shall  be  intersected  or  crossed 
by  said  works  shall  unite  with  said  board  in  forming  said 
intersections  and  crossings,  and  grant  the  privileges  aforesaid; 


IRRIGATION  ACT  OF  1897 


27 


and  if  such  railroad  company  and  said  board,  or  the  owners 
and  controllers  of  the  said  property,  thing,  or  franchise  so  to 
be  crossed,  cannot  agree  upon  the  amount  to  be  paid  therefor, 
or  the  points  or  the  manner  of  said  crossings  or  intersections, 
the  same  shall  be  ascertained  and  determined  in  all  respects  as 
is  herein  provided  in  respect  to  the  taking  of  land.  The  right 
of  way  is  hereby  given,  dedicated,  and  set  apart,  to  locate, 
construct,  and  maintain  said  works  over  and  through  any  of 
the  lands  which  are  now  or  may  be  the  property  of  this  state ; 
and  also  there  is  given,  dedicated,  and  set  apart,  for  the  uses 
and  purposes  aforesaid,  all  waters  and  water  rights  belonging 
to  this  state  within  the  district. 

Governing  Directors. 

Section  57.  The  directors,  when  sitting  as  a board,  or 
acting  under  the  orders  of  the  board,  shall  each  receive  not  to 
exceed  four  dollars  per  day  and  ten  cents  per  mile  for  each 
mile  actually  traveled  from  his  place  of  residence  to  the  office 
of  the  board,  and  actual  and  necessary  expenses  paid  while 
engaged  in  official  business  under  the  order  of  the  board.  The 
board  shall  fix  the  compensation  to  be  paid  to  all  officers  named 
in  this  act.  to  be  paid  out  of  the  treasury  of  the  district ; 
provided,  that  said  board  shall,  upon  the  petition  of  at  least 
fifty,  or  a majority  of  the  freeholders  within  such  district, 
therefor,  submit  to  the  electors  at  any  general  election  a 
schedule  of  salaries  and  fees  to  be  paid  hereunder.  Such 
petition  must  be  presented  to  the  board  not  less  than  twenty 
days  nor  more  than  forty  days  prior  to  a general  election,  and 
the  result  of  such  election  shall  be  determined  and  declared  in 
all  respects  as  other  elections  are  determined  and  declared 
under  this  act. 

Section  58.  No  director  or  any  other  officer  named  in  this 
act  shall  in  any  manner  be  interested,  directly  or  indirectly, 
in  any  contract  awarded  or  to  be  awarded  by  the  board,  or  in 
the  profits  to  be  derived  therefrom ; and  for  any  violation  of 
this  provision,  such  officer  shall  be  deemed  guilty  of  a mis- 
demeanor, and  such  conviction  shall  work  a forfeiture  of  his 
office,  and  he  shall  be  punished  by  a fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
exceeding  six  months,  or  by  both  such  fine  and  imprisonment. 

Special  Assessments. 

Section  59.  The  board  of  directors  may,  at  any  time,  when 
in  their  judgment  it  may  be  deemed  advisable,  call  a special 
election  and  submit  to  the  qualified  electors  of  the  district  the 
question  whether  or  not  a special  assessment  shall  be  levied 
for  the  purpose  of  raising  money  to  be  applied  to  any  of  the 
purposes  provided  in  this  act.  Such  election  must  be  called 
upon  the  notice  prescribed,  and  the  same  shall  be  held  and  the 
result  thereof  determined  and  declared  in  all  respects  in  con- 
formity with  the  provisions  of  section  30  of  this  act.  The 
notice  must  specify  the  amount  of  money  proposed  to  be  raised 
and  the  purpose  for  which  it  is  intended  to  be  used.  At  such 
elections  the  ballots  shall  contain  the  words  “Assessment — Yes” 
or  “Assessment — No.”  If  two-thirds  or  more  of  the  votes 
cast  are  “Assessment- — Yes,”  the  board  shall,  at  the  time  of 
the  annual  levy  hereunder,  levy  an  assessment  sufficient  to  raise 
the  amount  voted ; provided,  however,  that  an  assessment  of 
not  to  exceed  two  per  centum  of  the  value  of  the  assessable 
property  within  the  district  may  be  levied  in  any  one  year 
without  such  vote  by  the  adoption  of  a resolution  by  at  least 


28 


IRRIGATION  ACT  OF  1897 


four-fifths  of  the  members  of  the  board  of  directors,  such 
amount  not,  however,  to  exceed  the  sum  of  seventy-five  thousand 
($75,000)  dollars;  provided,  further,  that  if  a petition  signed 
by  qualified  voters  in  the  district  equal  in  number  to  fifteen 
per  centum  of  the  votes  cast  at  the  last  preceding  general 
election  in  such  district,  shall,  within  thirty  days  after  the 
board  shall  by  resolution  have  provided  for  the  levying  of  such 
assessment,  be  filed  with  such  board  petitioning  that  an  election 
relative  to  the  levying  of  such  assessment  be  held,  such  assess- 
ment shall  not  be  levied  without  the  election  provided  for  in 
this  section;  provided,  further,  however,  that  in  case  of  an 
unexpected  emergency  by  which  the  flow  of  water  in  the  canal 
is  interrupted,  the  amount  of  the  indebtedness  incurred  in  the 
repair  of  the  works  of  said  district,  caused  by  such  interruption, 
not  to  exceed  in  any  one  year  forty  thousand  ($40,000)  dollars, 
may  also,  in  addition  to  the  assessments  hereinbefore  provided 
for,  be  levied  by  the  adoption  of  a resolution  by  at  least  four- 
fifths  of  the  members  of  the  board  of  directors,  at  the  time  of 
the  levying  of  the  annual  assessment  provided  for  in  this  act, 
without  the  submission  of  the  question  of  such  levy  to  a vote, 
as  in  this  section  hereinbefore  provided. 

Rate  of  Assessment. 

Section  60.  The  rate  of  assessments  levied  under  the  pro- 
visions of  this  act  shall  be  ascertained  by  deducting  fifteen  per 
cent  for  anticipated  delinquencies  from  the  aggregate  assessed 
value  of  the  property  in  the  district  as  it  appears  on  the  assess- 
ment roll  for  the  current  year,  and  then  dividing  the  sum  voted 
by  the  remainder  of  such  aggregate  assessed  value.  The  assess- 
ment so  levied  shall  be  computed  and  entered  on  the  assessment 
roll  by  the  secretary  of  the  board,  and  collected  at  the  same 
time  and  in  the  same  manner  as  other  assessments  provided  for 
herein ; and  when  collected  shall  be  paid  into  the  district 
treasury  for  the  purposes  specified  in  the  notice  of  such  special 
election. 

Incurring  Indebtedness. 

Section  61.  The  board  of  directors  or  other  officers  of  the 
district  shall  have  no  power  to  incur  any  debt  or  liability 
whatever,  either  by  issuing  bonds  or  otherwise,  in  excess  of 
the  express  provisions  of  this  act ; and  any  debt  or  liability 
incurred  in  excess  of  such  express  provisions  shall  be  and 
remain  absolutely  void,  except  that  for  the  purposes  of  organi- 
zation, or  for  any  of  the  purposes  of  this  act,  the  board  o.f 
directors  may,  before  the  collection  of  the  first  assessment, 
incur  indebtedness  in  such  sum  or  sums  as  shall  amount  to  two 
thousand  dollars,  or,  if  the  district  shall  contain  more  than 
four  thousand  acres,  to  one-half  as  many  dollars  as  there  are 
acres  of  land  in  the  district,  and  may  cause  warrants  of  the 
district  to  be  issued  therefor,  bearing  interest  at  seven  per  cent 
per  annum ; provided,  however,  that  in  no  case  shall  the  total 
amount  of  warrants  authorized  in  this  section  exceed  fifty 
thousand  ($50,000)  dollars,  and  all  such  warrants  must  be 
made  payable  not  later  than  the  first  day  of  January  after  the 
first  assessment  shall  be  levied  in  the  district  issuing  such 
warrants  ; and  provided  further,  that  nothing  contained  in  this 
section  shall  be  construed  as  limiting  the  right  of  the  board  to 
enter  into  any  contract  or  lease  for  any  lands,  waters,  water 
rights  or  other  property,  as  in  this  act  provided  for,  and  by 
such  lease  or  contract  to  bind  the  district  for  the  payment  of 
the  rental  or  consideration  specified  in  such  lease  or  contract ; 
and  provided,  further,  that  any  warrant  of  the  district  payable 
on  demand,  if  presented  to  the  treasurer  for  payment  when 


IRRIGATION  ACT  OF  1897 


29 


funds  are  not  available  for  the  payment  thereof,  shall  thereafter 
draw  interest  at  the  rate  of  five  per  cent  per  annum  until  public 
notice  is  given  that  such"  funds  are  available.  Upon  the 
presentation  of  any  such  warrant  for  payment  when  funds  of 
the  district  are  not  available  to  pay  the  same,  the  treasurer  of 
the  district  shall  indorse  thereon  the  words,  “Funds  not  avail- 
able for  payment,”  with  the  date  of  presentation,  and  shall  sign 
his  name  thereto.  He  shall  keep  a record,  showing  the  number 
and  amount  of  each  such  warrant,  the  date  of  its  issuance,  the 
person  in  whose  favor  it  was  issued  and  the  date  of  its  presenta- 
tion for  payment.  Whenever  there  is  sufficient  money  in  the 
treasury  to  pay  all  such  outstanding  warrants,  or  whenever  the 
board  of  directors  shall  order  that  all  such  warrants  presented 
for  payment  prior  to  a certain  date  be  paid  and  there  is  suffi- 
cient money  available  for  such  payments,  the  treasurer  shall 
give  notice  in  some  newspaper  published  in  the  district,  or,  if 
none  is  published  therein,  then  in  some  newspaper  published  in 
the  county  in  which  the  district  or  any  portion  thereof  is 
situated,  or,  if  none  is  published  in  such  county,  then  the 
treasurer  shall  post  such  notice  conspicuously  in  the  place  in 
which  the  board  of  directors  of  the  district  holds  its  regular 
meetings,  stating  that  he  is  prepared  to  pay  all  warrants  of  the 
district  for  the  payment  of  which  funds  were  not  available  upon 
their  original  presentation,  or  all  such  warrants  which  were 
presented  for  payment  prior  to  the  date  fixed  by  the  board  of 
directors,  as  the  case  may  be,  and  no  further  description  of  the 
warrants  entitled  to  payment  shall  be  made  in  such  notice. 
Upon  the  presentation  of  any  warrant  entitled  to  payment  under 
the  terms  of  such  notice,  the  treasurer  shall  pay  it,  together 
with  interest  thereon  at  the  rate  of  five  per  cent  per  annum 
from  the  date  of  its  original  presentation  for  payment  to  the 
date  of  the  first  publication  or  posting  of  the  aforesaid  notice, 
and  all  warrants  for  the  payment  of  which  funds  are  declared 
in  said  notice  to  be  available  shall  cease  to  draw  interest  at 
the  time  of  the  first  publication  or  posting  of  said  notice.  The 
treasurer  shall  enter  in  the  record  hereinbefore  required  to  be 
kept  the  dates  of  the  payment  of  all  such  warrants,  the  names 
of  the  persons  to  whom  payments  are  made  and  the  amount 
paid  to  each  person.  (1913.) 

Governing  the  Apportionment  of  Water. 

Section  62.  In  case  the  volume  of  water  in  any  stream 
or  river  shall  not.  be  sufficient  to  supply  the  continual  wants  of 
the  entire  country  through  which  it  passes,  and  susceptible  of 
irrigation  therefrom,  then  it  shall  be  the  duty  of  the  water 
commissioners,  constituted  as'  hereinafter  provided,  to  apportion, 
in  a just  and  equitable  proportion,  a certain  amount  of  said 
water  upon  certain  or  alternate  weekly  days  to  different  locali- 
ties, as  they  may,  in  their  judgment,  think  best  for  the  interest 
of  all  parties  concerned,  and  with  due  regard  to  the  legal  and 
equitable  rights  of  all.  Said  water  commissioners  shall  consist 
of  the  chairman  of  the  board  of  directors  of  each  of  the  districts 
affected. 

Section  63.  It  shall  be  the  duty  of  the  board  of  directors 
to  keep  the  water  flowing  through  the  ditches  under  their  control 
to  the  full  capacity  of  such  ditches  in  times  of  high  water. 

Section  64.  Navigation  shall  never  in  anywise  be  impaired 
by  the  operation  of  this  act,  nor  shall  any  vested  interest  in 
or  to  any  mining  water  rights  or  ditches,  or  in  or  to  any  water 
or  water  .rights,  or  reservoirs  or  dams  now  used  by  the  owners 
or  possessors  thereof  in  connection  with  any  mining  industry, 
or  by  persons  purchasing  or  renting  the  use  thereof,  or  in  or 


30 


IRRIGATION  ACT  OF  1897 


to  any  other  property  now  used,  directly  or  indirectly,  in 
carrying  on  or  promoting  the  mining  industry,  ever  be  affected 
by  or  taken  under  its  provisions,  save  and  except  that  rights  of 
way  may  be  acquired  over  the  same. 

Section  65.  Nothing  herein  contained  shall  be  deemed  to 
authorize  any  person  cr  persons  to  divert  the  waters  of  any 
river,  creek,  stream,  canal,  cr  ditch  from  its  channel,  to  the 
detriment  of  any  person  or  persons  having  any  interest  in  such 
river,  creek,  stream,  canal,  or  ditch,  or  the  waters  therein,  unless 
previous  compensation  be  ascertained  and  paid  therefor,  under 
the  laws  of  this  state  authorizing  the  taking  of  private  property 
for  public  uses. 

Exemption  from  Taxation — Creation  of  Funds. 

Section  66.  The  rights  of  way,  ditches,  flumes,  pipe-lines, 
dams,  water  rights,  reservoirs,  and  other  property  of  like 
character,  belonging  to  any  irrigation  district,  shall  not  be 
taxed  for  state  and  county  or  municipal  purposes. 

Section  67.  The  following  funds  are  hereby  created  and 
established,  to  which  the  moneys  properly  belonging  shall  be 
apporioned,  to-wit : Bond  Fund,  Construction  Fund,  General 
Fund. 

Confirmation  Proceedings. 

Section  68.  The  board  of  directors  may,  at  any  time  after 
the  issue  of  any  bonds  or  the  levy  of  any  assessment  herein 
provided  for,  bring  an  action  in  the  superior  court  of  the  county 
wherein  is  located  the  office  of  such  board,  to  determine  the 
validity  of  any  such  bonds  or  such  levy  of  assessments;  such 
action  shall  be  in  the  nature  of  a proceeding  in  rem,  and 
jurisdiction  of  all  parties  interested  may  be  had  by  publication 
of  summons  for  at  least  once  a week  for  three  weeks  in  some 
paper  of  general  circulation  published  in  the  county  where  the 
action  is  pending,  such  paper  to  be  designated  by  the  court 
having  jurisdiction  of  the  proceedings.  Jurisdiction  shall  be 
complete  within  ten  days  after  the  full  publication  of  such 
summons  in  the  manner  herein  provided.  Anyone  interested 
may  at  any  time  before  the  expiration  of  said  ten  days  appear 
and  by  proper  proceedings  contest  the  validity  of  such  bonds 
or  assessments.  Such  action  shall  be  speedily  tried  and  judg- 
ment rendered  declaring  such  matter  so  contested  either  valid 
or  invalid.  Either  party  may  have  the  right  to  appeal  to  the 
supreme  court  at  any  time  within  thirty  days  after  the  rendition 
of  such  judgment,  which  appeal  must  be  heard  and  determined 
within  three  months  from  the  time  of  taking  such  appeal. 

Section  69.  If  no  such  proceeding  shall  have  been  brought 
by  the  board  of  directors,  then,  at  any  time  within  thirty  days 
after  the  levy  of  any  assessment  or  issue  of  any  bonds  under  the 
provisions  of  this  act,  any  district  assessment-payer  may  bring 
an  action  in  the  superior  court  of  the  county  where  the  office  of 
the  board  of  directors  is  located,  to  determine  the  validity  of  any 
such  assessment  or  such  bonds.  The  board  of  directors  shall  be 
made  parties  defendant,  and  service  of  summons  shall  be  made 
on  the  members  of  the  board  personally.  Said  board  shall  have 
the  right  to  appear  and  contest  such  action.  Such  action  shall 
be  speedily  tried,  with  the  right  of  appeal  to  either  party,  within 
the  time  and  manner  herein  provided  for  the  bringing  of  actions 
by  the  board  to  determine  such  matters.  Such  appeal  shall  be 
heard  and  determined  in  the  manner  and  within  the  time  therein 
provided. 


IRRIGATION  ACT  OF  1897 


31 


Section  70.  If  more  than  one  action  shall  be  pending  at 
the  same  time  concerning  similar  contests  in  this  act  provided 
for,  they  shall  be  consolidated  and  tried  together. 

Section  71.  The  court  hearing  any  of  the  contests  herein 
provided  for,  in  inquiring  into  the  regularity,  legality,  or 
correctness  of  such  proceedings,  must  disregard  any  error, 
irregularity,  or  omission  which  does  not  affect  the  substantial 
rights  of  the  parties  to  said  action  or  proceeding.  The  rules 
of  pleading  and  practice  provided  by  the  code  of  civil  procedure, 
which  are  not  inconsistent  with  the  provisions  of  this  act,  are 
applicable  to  all  actions  or  proceedings  herein  provided  for. 
The  motion  for  a new  trial  of  any  such  action  or  proceeding 
must  be  heard  and  determined  within  ten  days  from  the  filing 
of  the  notice  of  intention.  The  costs  on  any  hearing  or  contest 
herein  provided  for,  may  be  allowed  and  apportioned  between 
the  parties,  or  taxed  to  the  losing  party,  in  the  discretion  of 
the  court. 

Section  72.  No  contest  of  anything  or  matter  herein  pro- 
vided shall  be  made  other  than  within  the  time  and  manner 
herein  specified. 

Section  73.  For  any  willful  violation  of  any  express  duty 
herein  provided  for,  on  the  part  of  any  officer  herein  named,  he 
shall  be  liable  upon  his  official  bond,  and  be  subject  to  removal 
from  office,  by  proceedings  brought  in  the  superior  court  of  the 
county  wherein  the  office  of  the  board  of  directors  of  the  district 
is  located,  by  any  assessment-payer  of  the  district. 

Exclusion  of  Lands. 

Section  74.  The  boundaries  of  any  irrigation  district  now 
organized  or  hereafter  organized  under  the  provisions  of  this 
act,  may  be  changed,'  and  tracts  of  land  which  were  included 
within  the  boundaries  of  such  district  at  or  after  its  organization 
under  the  provisions  of  said  act,  may  be  excluded  therefrom, 
in  the  manner  herein  prescribed ; but  neither  such  change  of 
the  boundaries  of  the  districts  nor  such  exclusion  of  lands  from 
the  district  shall  impair  or  affect  its  organization,  or  its  right 
in  or  to  property,  or  any  of  its  rights  or  privileges  of  whatever 
kind  or  nature ; nor  shall  it  affect,  impair,  or  discharge  any 
contract,  obligation,  lien,  or  charge  for  or  upon  which  said 
district  was  and  may  become  liable  or  chargeable,  had  such 
change  of  its  boundaries  not  been  made,  or  had  not  such  land 
been  excluded  from  the  district. 

Section  75.  The  owner  or  owners  in  fee  of  one  or  more 
tracts  of  land  which  constitute  a portion  of  an  irrigation  district 
may  jointly  or  severally  file  with  the  board  of  directors  of  the 
district  a petition,  praying  that  such  tract  or  tracts,  and  any 
oher  tracts  contiguous  thereto,  may  be  excluded  and  taken 
from  said  district.  The  petition  shall  state  the  grounds  and 
reasons  upon  which  it  is  claimed  that  such  lands  should  be 
excluded,  and  shall  describe  the  boundaries  thereof,  and  also 
the  lands  of  such  petitioner  or  petitioners  which  are  included 
within  such  boundaries ; but  the  description  of  such  lands 
need  not  be  more  particular  or  certain  than  is  required  when  the 
lands  are  entered  in  the  assessment  book  by  the  county^  assessor. 
Such  petition  must  be  acknowledged  in  the  same  manner  and 
form  as  is  required  in  the  case  of  conveyance  of  land,  and  the 
acknowledgment  shall  have  the  same  force  and  effect  as  evidence 
as  the  acknowledgment  of  such  a conveyance. 

Section  76.  The  secretary  of  the  board  of  directors  shall 
cause  a notice  of  the  filing  of  such  petition  to  be  published  for 


32 


IRRIGATION  ACT  OF  1897 


at  least  two  weeks  in  some  newspaper  published  in  the  county 
where  the  office  of  the  board  of  directors  is  situated,  and  if 
any  portion  of  such  territory  to  be  excluded  lie  within  another 
county  or  counties,  then  said  notice  shall  be  so  published  in  a 
newspaper  published  within  each  of  said  counties ; or  if  no 
newspaper  be  published  therein,  then  by  posting  such  notice  for 
the  same  time  in  at  least  three  public  places  in  said  district, 
and  in  case  of  the  posting  of  said  notices  one  of  said  notices 
must  be  so  posted  on  the  lands  proposed  to  be  excluded.  The 
notiec  shall  state  the  filing  of  such  petition,  the  names  of  the 
petitioners,  a description  of  the  lands  mentioned  in  said  petition, 
and  the  prayer  of  said  petition ; and  it  shall  notify  all  persons 
interested  in,  or  who  may  be  affected  by  such  change  of  the 
boundaries  of  the  district,  to  appear  at  the  office  of  said  board 
at  a time  named  in  said  notice,  and  show  cause,  in  writing,  if 
any  they  have,  why  the  change  of  boundaries  of  said  district, 
as  proposed  in  such  petition,  should  not  be  made.  The  time 
to  be  specified  in  the  notice  at  which  they  shall  be  required 
to  show  cause  shall  be  the  regular  meeting  of  the  board  next 
after  the  expiration  of  the  time  for  the  publication  of  the  notice. 

Section  77.  The  board  of  directors,  at  the  time  and  place 
mentioned  in  the  notice,  or  at  the  time  or  times  to  which  the 
hearing  of  said  petiion  may  be  adjourned,  shall  proceed  to  hear 
the  petition,  and  all  evidence  or  proofs  that  may  or  shall  be 
introduced  by  or  on  behalf  of  the  petitioner  or  petitioners,  and 
all  objections  to  such  petition  that  may  or  shall  be  presented 
in  writing  by  any  person  showing  cause  as  aforesaid,  and  all 
evidence  and  proofs  that  may  be  introduced  in  support  of  such 
objections.  Such  evidence  shall  be  taken  down  in  shorthand, 
and  a record  made  thereof  and  filed  with  the  board.  The  failure 
of  any  person  interested  in  said  district,  other  than  the  holders 
of  bonds  thereof  outstanding  at  the  time  of  the  filing  of  said 
petition  with  said  board,  to  show  cause,  in  writing,  why  the 
tract  or  tracts  of  lands  mentioned  in  said  petkion  should  not 
be  excluded  from  said  district,  shall  be  deemed-  and  taken  as 
an  assent  by  him  to  the  exclusion  of  such  tract  or  tracts  of  land, 
or  any  part  thereof  from  said  district ; and  the  filing  of  such 
petition  with  said  board,  as  aforesaid,  shall  be  deemed  and  taken 
as  an  assent  by  each  and  all  of  such  petitioners  to  the  exclusion 
from  such  district  of  the  lands  mentioned  in  the  petition,  or  any 
part  thereof.  The  expenses  of  giving  said  notice  and  of  the 
aforesaid  proceeding  shall  be  paid  by  the  person  or  persons 
filing  such  petition. 

Section  78.  If,  upon  the  hearing  of  any  such  petition,  no 
evidence  or  proofs  in  support  thereof  be  introduced,  or  if  the 
evidence  fail  to  sustain  said  petition,  or  if  the  board  deem  it 
not  for  the  best  interests  of  the  district  that  the  lands,  or  some 
portion  thereof,  mentioned  in  the  petition,  should  be  excluded 
from  the  district,  the  board  shall  order  that  said  petition  be 
denied  as  to  such  lands  ; but  if  the  said  board  deem  it  for  the 
best  interest  of  the  district  that  the  lands  mentioned  in  the 
petition,  or  some  portion  thereof,  be  excluded  from  the  district, 
and  if  no  person  interested  in  the  district  show  cause  in  writing 
why  the  said  lands,  or  some  portion  thereof,  should  not  be 
excluded  from  the  district,  or  if,  having  shown  cause,  withdraws 
the  same,  or  upon  the  hearing  fails  to  establish  such  objections 
as  he  may  have  made,  then  it  shall  be  the  duty  of  the  board 
to,  and  it  shall  forthwith,  make  an  order  that  the  lands  men- 
tioned and  described  in  the  petition,  or  some  defined  portion 
thereof,  be  excluded  from  said  district ; provided,  that  it  shall 
be  the  duty  of  said  board  to  so  order,  upon  petition  therefor 
as  aforesaid,  that  all  lands  so  petitioned  to  be  excluded  from  said 


IRRIGATION  ACT  OF  1897 


33 


district  shall  be  excluded  therefrom,  which  can  not  be  irrigated 
from,  or  which  are  not  susceptible  to,  or  would  not,  by  reason 
of  being  permanently  devoted  to  uses  other  than  agricultural, 
horticultural,  viticultural  or  grazing,  be  directly  benefited  by, 
the  actual  irrigation  of  same  from  a common  source  or  by  the 
same  system  of  works  with  the  other  lands  of  said  district, 
or  from  the  source  selected,  chosen,  or  provided,  or  the  system 
adopted  for  the  irrigation  of  the  lands  in  said  district,  or  which 
are  already  irrigated,  or  entitled  to  be  irrigated,  from  another 
source  or  by  another  system  of  irrigation  works ; provided, 
that  no  land  irrigated  by  means  of  water,  pumped  from  an 
underground  source  or  sources  shall  be  entitled  to  exclusion 
from  any  irrigation  district  on  account  of  being  so  irrigated,  if 
it  shall  be  shown  that  such  land,  is  or  will  be  substantially 
benefited  by  subirrigation  from  the  works  of  said  district  or 
by  drainage  works  provided  or  required  by  law  to  be  provided 
by  said  district,  but  no  owner  of  land  in  any  irrigation  district 
shall  be  required  to  pay  any  assessment,  except  for  the  payment 
of  interest  and  principal  due  on  bonds  of  the  district,  on  any 
land  in  such  district  which,  when  the  district  was  organized, 
was  irrigated  by  means  of  water  pumped  from  an  underground 
source  or  sources  and  has  continued  each  year  to  be  irrigated 
exclusively  by  such  means.  (1913.) 

Section  79.  If  there  be  outstanding  bonds  of  the  district  at 
the  time  of  the  filing  of  said  petition,  the  holders  of  such  out- 
standing bonds  may  give  their  assent,  in  writing,  to  the  effect 
that  they  severally  consent  that  the  lands  mentioned  in  the 
petition,  or  such  portion  thereof  as  may  be  excluded  from  said 
district  by  order  of  said  board,  or  the  decree  of  the  superior 
court  as  hereinafter  provided,  may  be  excluded  from  the  district; 
and  if  said  lands,  or  any  portion  thereof,  be  thereafter  excluded 
from  the  district,  the  lands  so  excluded  shall  be  released  from 
the  lien  of  such  outstanding  bonds.  The  assent  must  be 
acknowledged  by  the  several  holders  of  such  bonds  in  the  same 
manner  and  form  as  is  required  in  case  of  a conveyance  of  land, 
and  the  acknowledgment  shall  have  the  same  force  and  effect  as 
evidence  as  the  acknowledgment  of  such  conveyance.  The 
assent  shall  be  filed  with  the  board,  and  must  be  recorded  in 
the  minutes  of  the  board ; and  said  minutes,  or  a copy  thereof, 
certified  by  the  secretary  of  said  board,  shall  be  admissible  in 
evidence,  with  the  same  effect  as  the  said  assent,  and  such 
certified  copy  thereof  may  be  recorded  in  the  office  of  the  county 
recorder  of  the  county  wherein  said  lands  are  situated. 

Section  80.  In  the  event  that  said  board  of  directors  shall 
exclude  any  lands  from  said  district  upon  petition  therefor,  it 
shall  be  the  duty  of  the  board  of  directors  to  make  an  entry 
in  the  minutes  of  the  board,  describing  the  boundaries  of  the 
district,  should  the  exclusion  of  said  land  from  said  district 
change  the  boundaries  of  said  district,  and  for  that  purpose  the 
board  may  cause  a survey  to  be  made  of  such  portions  of  the 
district  as  the  board  may  deem  necessary  ; and  a certified  copy 
of  the  entry  in  the  minutes  of  the  board  excluding  any  land, 
certified  by  the  president  and  secretary  of  the  board,  shall  be 
filed  for  record  in  the  recorder’s  office  of  each  county  within 
which  are  situated  any  of  the  lands  of  the  district ; but  said 
district,  notwithstanding  such  exclusion,  shall  be  and  remain 
an  irrigation  district  as  fully,  to  every  intent  and  purpose,  as  it 
would  be  had  no  change  been  made  in  the  boundaries  of  the 
district,  or  had  the  lands  excluded  therefrom  never  constituted 
a portion  of  the  district. 

Section  81.  If  the  lands  excluded  from  any  district  under 
this  act  shall  embrace  the  greater  portion  of  any  division  or 


34 


IRRIGATION  ACT  OF  1897 


divisions  of  such  district,  then  the  office  of  director  for  such 
division  or  divisions  shall  become  and  be  vacant  at  the  expira- 
tion of  ten  days  from  the  final  order  of  the  board  excluding 
said  lands ; and  such  vacancy  or  vacancies  shall  be  filled  by 
appointment  by  the  board  of  supervisors  of  the  county  where 
the  office  of  such  board  is  situated,  from  the  district  at  large. 
A director  appointed  as  above  provided,  shall  hold  his  office 
until  the  next  regular  election  for  said  district,  and  until  his 
successor  is  elected  and  qualified. 

Section  82.  At  least  thirty  days  before  the  next  general 
election  of  such  district,  the  board  of  directors  thereof  shall 
mafe  an  order  dividing  said  district  into  three  or  five  divisions, 
as  the  case  may  require,  as  nearly  equal  in  size  as  may  be 
practicable,  which  shall  be  numbered  first,  second,  third,  and  so 
on,  and  one  director  shall  be  elected  by  each  division.  For  the 
purposes  of  elections  in  such  district,  the  said  board  of  directors 
must  establish  a convenient  number  of  election  precincts,  and 
define  the  boundaries  thereof,  which  said  precincts  may  be 
changed  from  time  to  time,  as  the  board  of  directors  may 
deem  necessary. 

Section  83.  A guardian  and  executor,  or  an  administrator 
of  an  estate,  who  is  appointed  as  such  under  the  laws  of  this 
state,  and  who,  as  such  guardian,  executor,  or  administrator,  is 
entitled  to  the  possession  of  the  lands  belonging  to  the  estate 
which  he  represents,  may,  on  behalf  of  his  ward,  or  the  estate 
which  he  represents,  upon  being  thereto  properly  authorized  by 
the  proper  court,  sign  and  acknowledge  the  petition  in  this  act 
mentioned,  and  may  show  - cause,  as  in  this  act  provided,  why 
the  boundaries  of  the  district  should  not  be  changed. 

Section  84.  Nothing  in  this  act  provided  shall,  in  any 
manner,  operate  to  release  any  of  the  lands  so  excluded  from 
the  district  from  any  obligation  to  pay,’  or  any  lien  thereon,  of 
any  valid  outstanding  bonds  or  other  indebtedness  of  said  dis- 
trict at  the  time  of  the  filing  of  said  petition  for  the  exclusion 
of  said  lands,  but  upon  the  contrary,  said  lands  shall  be  held 
subject  to  said  lien,  and  answerable  and  chargeable  for  and 
with  the  payment  and  discharge  of  all  of  said  outstanding  obliga- 
tions at  the  time  of  the  filing  of  the  petition  for  the  exclusion 
of  said  land,  as  fully  as  though  said  petition  for  such  exclusion 
were  never  filed  and  said  order  or  decree  of  exclusion  never 
made ; and  for  the  purpose  of  discharging  such  outstanding 
indebtedness,  said  lands  so  excluded  shall  be  deemed  and  con- 
sidered as  part  of  said  irrigation  district  the  same  as  though 
said  petition  for  its  exclusion  had  never  been  filed  or  said  order 
or  decree  of  exclusion  never  made ; and  all  provisions  which 
may  have  been  resorted  to  to  compel  the  payment  by  said 
lands  of  its  quota  or  portion  of  said  outstanding  obligations, 
had  said  exclusion  never  been  accomplished,  may,  notwithstand- 
ing said  exclusion,  be  resorted  to  to  compel  and  enforce  the 
payment  on  the  part  of  said  lands  of  its  quota  and  portion  of 
said  outstanding  obligation  of  said  irrigation  district  for  which 
it  is  liable,  as  herein  provided.  But  said  land  so  excluded  shall 
not  be  held  answerable  or  chargeable  for  any  obligation  of  any 
nature  or  kind  whatever,  incurred  after  the  filing  with  the  board 
of  directors  of  said  disrict  of  the  petition  for  the  exclusion  of 
said  lands  from  the  said  district;  provided,  that  the  provisions 
of  this  section  shall  not  apply  to  any  outstanding  bonds,  the 
holders  of  which  have  assented  to  the  exclusion  of  such  lands 
from  said  district,  as  herein  provided. 

Inclusion  of  Lands. 

Section  85.  The  boundaries  of  any  irrigation  district  now 


IRRIGATION  ACT  OF  1897 


35 


organized  or  hereafter  organized  under  the  provisions  of  this 
act  may  be  changed  in  the  manner  herein  prescribed ; but  such 
change  of  the  boundaries  of  the  district  shall  not  impair  or 
affect  its  organization,  or  its  rights  in  or  to  property,  or  any 
of  its  rights  or  privileges  of  whatsoever  kind  or  nature ; nor 
shall  it  affect,  impair,  or  discharge  any  contract,  obligation, 

lien,  or  charge  for  or  upon  which  it  was  or  might  become 

liable  or  chargeable,  had  such  change  of  its  boundaries  not 
been  made. 

Section  86.  The  holder  or  holders  of  title,  or  evidence  of 
title,  representing  one-half  or  more  of  any  body  of  lands  adja- 
cent to  the  boundary  of  an  irrigation  district,  which  are 

contiguous,  and  which,  taken  together,  constitute  one  tract  of 
land,  may  file  with  the  board  of  directors  oi  said  district  a 
petition,  in  writing,  praying  that  the  boundaries  of  said  district 
may  be  so  changed  as  to  include  therein  said  lands.  The 

petition  shall  describe  the  boundaries  of  said  parcel  or  tract  of 
land,  and  shall  also  describe  the  boundaries  of  the  several 
parcels  owned  by  the  petitioners,  if  the  petitioners  be  the 
owners,  respectively,  of  distinct  parcels,  but  such  descriptions 
need  not  be  more  particular  than  they  are  required  to  be  when 
such  lands  are  entered  by  the  county  assessor  in  the  assessment 
book.  Such  petition  must  contain  the  assent  of  the  petitioners 
to  the  inclusion  within  said  district  of  the  parcels  or  tracts  of 
land  described  in  the  petition,  and  of  which  said  petition  alleges 
they  are,  respectively,  the  owners  ; and  it  must  be  acknowledged 
in  the  same  manner  that  conveyances  of  land  are  required  to 
be  acknowledged. 

Section  87.  The  secretary  of  the  board  of  directors  shall 
cause  a notice  of  the  filing  of  such  petition  to  be  given  and 
published  in  the  same  manner  and  for  the  same  time  that  notices 
of  special  elections  for  the  issue  of  bonds  are  required  by  this 
act  to  be  published.  The  notice  shall  state  the  filing  of  such 
petition  and  the  names  of  the  petitioners,  a description  of  the 
lands  mentioned  in  said  petition,  and  the  prayer  of  said  petition  ; 
and  it  shall  notify  all  persons  interested  in,  or  that  may  be 
affected  by  such  change  of  the  boundaries  of  the  district,  to 
appear  at  the  office  of  said  board,  at  a time  named  in  said 
notice,  and  show  cause  in  writing,  if  any  they  have,  why  the 
change  in  the  boundaries  of  said  district,  as  proposed  in  said 
petition,  should  not  be  made.  The  time  to  be  specified  in  the 
notice  at  which  they  shall  be  required  to  show  cause  shall  be 
the  regular  meeting  of  the  board  next  after  the  expiration  of 
the  time  for  the  publication  of  the  notice.  The  petitioners  shall 
advance  to  the  secretary  sufficient  money  to  pay  the  estimated 
costs  of  all  proceedings  under  this  act. 

Section  88.  The  board  of  directors,  at  the  time  and  place 
mentioned  in  the  said  notice,  or  at  such  other  time  or  times 
to  which  the  hearing  of  said  petition  may  be  adjourned,  shall 
proceed  to  hear  the  petition,  and  all  the  objections  thereto, 
presented  in  writing  by  any  person  showing  cause  as  aforesaid, 
why  said  proposed  change  of  the  boundaries  of  the  district 
^ should  not  be  made.  The  failure  by  any  person  interested  in 
said  district,  or  in  the  matter  of  the  proposed  change  of  its 
boundaries,  to  show  cause,  in  writing,  as  aforesaid,  shall  be 
deemed  and  taken  as  an  assent  on  his  part  to  a change  of  the 
boundaries  of  the  district  as  prayed  for  in  said  petition,  or  to 
such  a change  thereof  as  will  include  a part  of  said  lands.  And 
the  filing  of  such  petition  with  said  board,  as  aforesaid,  shall 
be  deemed  and  taken  as  an  assent  on  the  part  of  each  and  all  of 
such  petitioners  to  such  a change  of  said  boundaries  that  they 


36 


IRRIGATION  ACT  OF  1897 


may  include  the  whole  or  any  portion  of  the  lands  described 
in  said  petition. 

Section  89.  The  board  of  directors  to  whom  such  petition 
is  presented,  may  require,  as  a condition  precedent  to  the 
granting  of  the  same,  that  the  petitioners  shall  severally  pay  to 
such  district  such  respective  sums,  as  nearly  as  the  same  can 
be  estimated  (the  several  amounts  to  be  determined  by  the 
board),  as  said  petitioners  or  their  grantors  would  have  been 
required  to  pay  to  such  district  as  assessments,  had  such  lands 
been  included  in  such  district  at  the  time  the  same  was  origi- 
nally formed. 

Section  90.  The  board  of  directors,  if  they  deem  it  not  for 
the  best  interests  of  the  district  that  a change  of  its  boundaries 
be  so  made  as  to  include  therein  the  lands  mentioned  in  the 
petition,  shall  order  that  the  petition  be  rejected.  But  if  they 
deem  it  for  the  best  interests  of  the  district,  that  the  boundaries 
of  said  district  be  changed,  and  if  no  person  interested  in  said 
district  or  the  proposed  change  of  its.  boundaries  shows  cause, 
in  writing,  why  the  proposed  change  should  not  be  made,  or  if, 
having  shown  cause,  withdraws  the  same,  the  board  may  order 
that  the  boundaries  of  the  district  be  so  changed  as  to  include 
therein  the  lands  mentioned  in  said  petition  or  some  part 
thereof.  The  order  shall  describe  the  boundaries  as  changed, 
and  shall  also  describe  the  entire  boundaries  of  the  district  as 
they  will  be  after  the  change  thereof  as  aforesaid  is  made  ; and 
for  that  purpose  the  board  may  cause  a survey  to  be  made  of 
such  portions  of  such  boundary  as  is  deemed  necessary. 

Section  91.  If  any  person  interested  in  said  district,  or  the 
proposed  change  of  its  boundaries,  shall  show  cause  as  -afore- 
said why  such  boundaries  should  not  be  changed,  and  shall  not 
withdraw  the  same,  and  if  the  board  of  directors  deem  it  for 
the  best  interests  of  the  district  that  the  boundaries  thereof  be 
so  changed  as  to  include  therein  the  lands  mentioned  in  the 
petition,  or  some  part  thereof,  the  board  shall  adopt  a resolution 
to  that  effect.  The  resolution  shall  describe  the  exterior 
boundaries  of  the  lands  which  the  board  are  of  the  opinion 
should  be  included  within  the  boundaries  of  the  district  when 
changed. 

Section  92.  Upon  the  adoption  of  the  resolution  mentioned 
in  the  last  preceding  section,  the  board  shall  order  that  an 
election  be  held  within  said  district,  to  determine  whether  the 
boundaries  of  the  district  shall  be  changed  as  mentioned  in  said 
resolution ; and  shall  fix  the  time  at  which  such  election  shall 
be  held,  and  cause  notice  thereof  to  be  given  and  published. 
Such  notice  shall  be  given  and  published,  and  such  election 
shall  be  held  and  conducted,  the  returns  thereof  shall  be  made 
and  canvassed,  and  the  result  of  the  election  ascertained  and 
declared,  and  all  things  pertaining  thereto  conducted  in  the 
manner  prescribed  by  said  act  in  case  of  a special  election  to 
determine  whether  bonds  of  an.  irrigation  district  shall  be  issued. 
The  ballots  cast  at  said  election  shall  contain  the  words  “For 
change  of  boundary,”  or  “Against  change  of  boundary,”  or 
words  equivalent  thereto.  The  notice  of  election  shall  describe 
the  proposed  change  of  the  boundaries  in  such  manner  and 
terms  that  it  can  readily  be  traced. 

Section  93.  If  at  such  election  a majority  of  all  the  votes 
cast  at  said  election  shall  be  against  such  change  of  the 
boiuidaries  of  the  district,  the  board  shall  order  that  said 
petition  be  denied,  and.  shall  proceed  no  further  in  that  matter. 
But  if  a majority  of  such  votes  be  in  favor  of  such  change  of 


IRRIGATION  ACT  OF  1897 


37 


the  boundaries  of  the  district,  the  board  shall  thereupon  order 
that  the  boundaries  be  changed  in  accordance  with  said  resolu- 
tion adopted  by  the  board.  The  said  order  shall  describe  the 
entire  boundaries  of  said  district,  and  for  that  purpose  the 
board  may  cause  a survey  of  such  portions  thereof  to  be  made 
as  the  board  may  deem  necessary. 

Section  94.  Upon  a change  of  the  boundaries  of  a district 
being  made,  a copy  of  the  order  of  the  board  of  directors 
ordering  such  change,  certified  by  the  president  and  secretary 
of  the  board,  shall  be  filed  for  record  in  the  recorder’s  office 
of  each  county  within  which  are  situated  any  of  the  lands  of 
the  district,  and  thereupon  the  district  shall  be  and  remain  an 
irrigation  district  as  fully,  and  to  every  intent  and  purpose,  as 
if  the  lands  which  are  included  in  the  district  by  the.  change  of 
boundaries,  as  aforesaid,  had  been  included  therein  at  the 
original  organization  of  the  district. 

Section  95.  Upon  the  filing  of  the  copies  of  the  order,  as 
in  the  last  preceding  section  mentioned,  the  secretary  shall 
record  in  the  minutes  of  the  board  the  petition  aforesaid ; and 
the  said  minutes,  or  certified  copy  thereof,  shall  be  admissible 
in  evidence,  with  the  same  effect  as  the  petition. 

Sction  96.  A guardian,  an  executor,  or  an  administrator 
of  an  estate,  who  is  appointed  as  such  under  the  laws  of  this 
state,  and  who,  as  such  guardian,  executor,  or  administrator, 
is  entitled  to  the  possession  of  the  lands  belonging  to  the 
estate  which  he  represents,  may,  on  behalf  of  his  ward,  or  the 
estate  which  he  represents,  upon  being  thereunto  authorized  by 
the  proper  court,  sign  and  acknowledge  the  petition  in  this  act 
mentioned,  and  may  show  cause,  as  in  this  act  mentioned,  why 
the  boundaries  of  the  district  should  not  be  changed. 

Section  97.  In  case  of  the  inclusion  of  any  land  within  anj^ 
district  by  proceeding  under  this  act,  the  board  of  directors 
must,  at  least  thirty  days  prior  to  the  next  succeeding  general 
election,"  make  an  order  redividing  such  district  into  three  or 
five  divisions,  as  the  case  may  require,  as  nearly  equal  in  size 
as  may  be  practicable,  which  shall  be  numbered  first,  second, 
third,  and  so  on,  and  one  directors  shall  thereafter  be  elected 
by  each  division.  For  the  purposes  of  elections,  the  board  of 
directors  must  establish  a convenient  number  of  election  pre- 
cincts in  said  districts,  and  define  the  boundaries  thereof,  which 
said  precincts  may  be  changed  from  time  to  time,  as  the  board 
may  deem  necessary. 

Reduction  of  Bonded  Indebtedness. 

Section  98.  Whenever  the  board  of  directors  of  an  irriga- 
tion district  heretofore  organized,  or  hereafter  organized  under 
the  provisions  of  this  act,  shall  determine  that  the  authorized 
bonded  indebtedness  of  such  irrigation  district  is  greater  than 
such  district  is  liable  to  need  to  complete  its  system  as  planned, 
and  there  be  no  outstanding  bonds,  the  board  of  directors  may 
call  a special  election  for  the  purpose  of  voting  upon  a proposi- 
tion to  reduce  such  bonded  indebtedness  to  such  sum  as  the 
board  may  determine  to  be  sufficient  for  such  purpose. 

Section  99.  Notice  of  the  said  election  shall  be  given  in 
the  same  manner  as  provided  in  section  30  of  said  act,  in 
relation  to  calling  special  elections  for  issuance  of  bonds.  The 
notice  of  election  must  state  the  amount  of  the  authorized 
bonded  indebtedness  of  such  district,  and  the  amount  to  which 
it  is  proposed  to  reduce  the  same ; also,  the  date  on  which 


38 


IRRIGATION  ACT  OF  1897 


said  election  will  be  held,  and  the  polling  places,  as  established 
by  said  board  of  directors.  The  ballots  cast  at  said  election 
shall  contain  the  words  “For  reducing  bonds — Yes,”  or  “For 
reducing  bonds — No.”  When  the  vote  is  canvassed  by  the 
board  of  directors  and  entered  of  record,  if  a majority  of  the 
votes  cast  shall  be  “For  reducing  bonds — Yes,”  then  in  that 
event  the  board  of  drectors  shall  only  be  empov/ered  to  issue 
or  sell  such  amount  of  bonds  as  was  stipulated  in  the  said  notice 
of  such  special  election;  but  if  a majority  of  votes  are  not 
“For  reducing  bonds — Yes,”  then  the  authority  to  issue  bonds 
shall  remain  the  same  as  before  said  special  election  was  held. 

Section  99 >4.  In  case  there  be  outstanding  bonds  of  any 
district  desiring  to  take  advantage  of  the  provisions  of  this  act 
concerning  reduction  of  bonded  indebtedness,  the  assent  of  such 
bondholders  may  be  obtained  to  such  reduction  of  the  bonded 
indebtedness,  in  the  same  manner  as  provided  in  section  79  of 
this  act.  ' If  such  assent  is  obtained  in  the  manner  therein 
provided,  then,  and  in  that  event,  such  district  shall  be 
empowered  to  take  advantage  of  all  the  provisions  of  this  act, 
but  not  otherwise.  No  reduction  of  the  bonded  indebtedness, 
as  in  this  act  provided,  shall  in  any  manner  affect  any  order  of 
court  that  may  have  been  made,  adjudicating  and  confirming 
the  validiy  of  said  bonds. 

Lease  of  Water  for  Mechanical  Purposes. 

Section  100.  Whenever  any  irrigation  district,  heretofore 
organized,  or  hereafter  organized  under  the  provisions  of  this 
act,  in  the  development  of  its  works  as  by  law  provided,  may 
have  opportunity,  without  increased  expenditure,  to  utilize  the 
water  by  it  owned  or  controlled,  for  mechanical  purposes  not 
inconsistent  with  the  provisions  of  said  act,  the  board  of 
directors  may  lease  the  same,  as  in  this  act  hereinafer  provided. 

Section  101.  Whenever  the  board  of  directors  maj'-  desire 
to  lease  the  use  of  water,  as  hereinbefore  stated,  they  shall 
pass  a resolution  of  intention  to  so  lease  the  same.  Immediately 
thereafter  the  secretary  shall  cause  notice  of  such  intention  to 
be  given  by  publication  in  one  newspaper  published  in  each 
county  in  which  lands  of  the  district  are  situated,  for  at  least 
twenty  days  (provided,  a newspaper  is  published  therein,  other- 
wise in  any  newspaper  the  board  of  directors  may  select),  and, 
if  the  board  thinks  proper,  in  such  other  newspaper  as  may  be 
deemed  advisable,  calling  for  bids  for  the  leasing  of  said  water 
for  the  purposes  hereinbefore  mentioned.  Said  notice  shall 
state  that  the  board  will  receive  sealed  proposals  therefor,  that 
the  lease  will  be  let  to  the  highest  responsible  bidder,  stating 
the  time  and  place  of  opening  said  proposals. 

Section  102.  At  the  time  and  place  appointed  the  board 
shall  proceed  to  open  the  proposals  in  public.  As  soon  there- 
after as  may  be  convenient  the  board  shall  let  said  lease  in 
portions,  or  as  a whole,  to  the  highest  responsible  bidder,  or 
they  may  reject  any  and  all  bids,  and  readvertise  for  proposals 
for  the  same. 

Section  103.  The  rental  accruing  upon  said  lease  may  vary 
from  year  to  year,  as  shall  be  specified  in  said  lease,  and  shall 
be  payable  semi-annually,  on  the  thirteenth  day  of  December 
and  thirtieth  day  of  June,  of  each  year.  All  moneys  collected, 
as  in  this  act  provided,  shall  be  paid  into  the  treasury,  and  be 
apportioned  to  such  funds  as  may  be  deemed  advisable. 

Section  104.  The  board  shall  have  power,  as  in  this  act 
provided,  to  execute  a lease  for  any  period  not  exceeding 


IRRIGATION  ACT  OF  1897 


39 


twenty-five  years.  If  at  any  time  the  rental  shall  not  be 
paid  on  the  days  hereinbefore  mentioned,  the  amount  of  such 
rental  then  due  shall  be  doubled,  and  if  not  paid  within  ninety 
days  thereafter,  the  said  lease  shall  be  forfeited  to  said  district, 
together  with  any  and  all  works  constructed,  owned,  used,  or 
controlled  by  said  lessee. 

Section  105.  Upon  the  letting  of  any  lease,  as  in  this  act 
provided,  the  board  may  require  the  lessee  to  exedute  a bond 
for  the  faithful  performance  of  the  covenants  of  said  lease,  or 
give  such  other  evidence  of  good  faith  as  in  their  judgment 
may  be  necessary. 

Destruction  of  Unsold  Bonds. 

Section  106.  Whenever  there  remains  in  the  hands  of  the 
board  of  directors  of  any  irrigation  district  hereiofore  organized, 
or  organized  under  the  provisons  of  this  act,  after  the  comple- 
tion of  its  ditch  system,  and  the  payment  of  all  demands  against 
such  district,  any  bonds  voted  to  be  issued  by  said  district,  but 
not  sold,  and  not  necessary  to  be  sold  for  the  raising  of  funds 
for  the  use  of  such  district,  said  board  of  directors  may  call  a 
special  election  for  the  purpose  of  voting  upon  a proposition 
to  detsroy  said  unsold  bonds,  or  so  many  of  them  as  may  be 
deemed  best,  or  may  submit  such  proposition  at  a general 
election. 

Section  107.  Such  election  shall  be  held  in  the  same  manner 
as  other  elections  held  under  the  provisions  of  this  act.  A 
notice  of  such  election  shall  be  given  in  the  same  manner  as 
provided  in  section  30  of  this  act  in  relation  to  calling  special 
elections  for  the  issuance  of  bonds.  The  notice  of  election  must 
state  the  amount  of  the  bonded  indebtedness  of  such  district 
authorized  by  the  vote  of  the  district,  the  amount  of  the  bonds 
remaining  unsold,  and  the  amount  proposed  to  be  destroyed, 
and  the  date  on  which  such  election  is  proposed  to  be  held,  and 
the  polling  places  as  fixed  by  the  board  of  directors.  The 
ballots  to  be  cast  at  such  election  shall  contain  the  words  “For 
destroying  bonds — Yes,”  and  “For  destroying  bonds — No,”  and 
the  voter  must  erase  the  word  “No”  in  case  he  favors  the 
destruction  of  bonds,  otherwise  the  word  “Yes.” 

Section  108.  When  the  vote  is  canvassed  by  the  board  of 
directors  and  entered  of  record,  if  a two-thirds  majority  of  the 
votes  cast  should  be  found  to  be  in  favor  of  the  destruction  of 
said  bonds,  then  the  president  of  the  board,  in  the  presence  of 
the  majority  of  the  members  of  the  board,  must  destroy  the 
bonds  so  voted  to  be  destroyed  ; and  the  total  amount  of  bonds 
so  destroyed  and  canceled  shall  be  deducted  from  the  sum 
authorized  to  be  issued  by  the  electors  of  said  district,  and  no 
part  thereof  shall  thereafter  be  reprinted  or  reissued. 

Saving  Clauses. 

Section  109.  Nothing  in  this  act  shall  be  so  construed  as 
to  affect  the  validity  of  any  district  heretofore  organized  under 
the  laws  of  this  state,  or  its  rights  in  or  to  property,  or  any  of 
its  rights  or  privileges  of  whatsoever  kind  or  nature ; but  said 
districts  are  hereby  made  subject  to  the  provisions  of  this  act 
so  far  as  applicable ; nor  shall  it  affect,  impair,  or  discharge 
any  contract,  obligation,  lien,  or  charge  for,  or  upon  which  it 
was  or  might  become  liable  or  chargeable  had  not  this  act  been 
passed ; nor  shall  it  affect  the  validity  of  any  bonds  which 
have  been  issued  but  not  sold ; nor  shall  it  affect  any  action 
which  now  may  be  pending. 


40 


IRRIGATION  ACT  OF  1897 


Section  110.  Nothing  in  this  act  shall  be  construed  as 
repealing  or  in  anywise  modifying  the  provisions  of  any  other 
act  relating  to  the  subject  of  irrigation  or  water  commissioners, 
except  such  as  may  be  contained  in  the  act : An  act  entitled 
an  act  to  provide  for  the  organization  and  government  of  irriga- 
tion districts,  and  to  provide  for  the  acquisition  of  water  and 
other  property,  and  for  the  distribution  of  water  thereby  for 
irrigation  purposes,  approved  March  seventh,  eighteen  hun- 
dred and  eighty-seven,  and  the  subsequent  acts  supplementary 
thereto,  and  amendatory  thereof,  all  of  which  acts,  so  far  as 
they  be  inconsistent  herewith,  are  hereby  repealed. 


ANALYSIS 


The  following  is  an  analysis  of  the  more  important  legisla- 
tion, not  included  in  the  act  of  1897,  or  the  amendments  thereto, 
relative  to  irrigation  districts  and  the  securities  thereof. 

Assessments  Payable  in  Two  Installments. 

Statutes  of  1909,  page  415. — This  act  authorizes  boards  of 
directors  to  provide  for  the  payment  of  irrigation  assessments 
in  two  installments.  When  such  provision  is  made  the  install- 
ments become  delinquent  the  last  Monday  in  December  and  the 
last  Monday  in  June,  respectively. 

Assessments  levied  in  accordance  with  section  34  of  the  irri- 
gation act  can  not  be  paid  in  two  installments. 

Agricultural  Expert. 

Statutes  1913,  page  75,  provide  that  irrigation  directors  may 
employ  agricultural  experts. 

Bonds  of  Irrigation  Districts. 

Statutes  1913,  page  778. — This  act  provides: 

First:  A limitation  upon  the  indebtedness  of  irrigation 
districts. 

Second:  For  an  examination  by  a commission  consisting  of 
the  attorney  general,  the  state  engineer  and  the  superintendent 
of  banks,  of  the  bond  issues  of  districts. 

Third:  For  a written  report  of  such  investigation  filed  in 
the  office  of  the  state  controller. 

Fourth:  For  a certificate  by  the  state  controller  of  such 
examination. 

Fifth:  That  the  bonds  so  approved  shall  be  legal  invest- 
ments for  all  trust  funds  and  for  the  funds  of  all  insurance 
companies,  banks,  both  commercial  and  savings,  trust  com- 
panies, the  state  school  funds  and  any  funds  which  may  be 
invested  in  county,  municipal  or  school  district  bonds,  and  that 
such  bonds  may  be  deposited  as  security  for  the  performance 
of  any  act  whenever  the  bonds  of  any  county,  city,  city  and 
county  or  school  district  may  be  so  deposited,  and  also  that 
^ such  bonds  may  be  used  as  security  for  the  deposit  of  public 
^ money  in  banks  in  California. 

Irrigation  Bonds  as  Security  for  the  Deposit  of  Municipal 
Moneys. 

Statutes  of  1913,  page  607,  provide  that  banks  may  borrow 
county  and  municipal  moneys  and  give  as  security  therefor 
irrigation  bonds. 


42 


IRRIGATION  ACT  OP  1897 


School  Funds  May  Be  Invested  in  Irrigation  Bonds. 

Section  676,  Political  Code,  as  amended  in  1913,  provides 
that  the  proceeds  of  the  sale  of  state  school  lands  may  be 
invested  in  irrigation  bonds. 

Irrigation  Bonds  as  Security  for  the  Deposit  of  State  Funds, 

Statutes  of  1913,  page  108,  provide  that  the  bonds  of  irriga- 
tion districts  ma}^  be  received  as  security  for  the  deposit  of 
state  funds.  Con.  Art.  Sec.  16^. 

Condemnation  of  Rights  of  Way  for  Private  Canals. 

Section  2692  of  the  Political  Code  as  amended  in  1913 
provides  that  private  ways  for  a canal  may  be  opened,  laid  out 
or  altered  in  the  same  manner  as  public  roads  are  opened,  laid 
out  and  altered.  This  is  intended  to  permit  the  owners  of  land 
who  are  compelled  to  cross  the  property  of  other  persons  with 
an  irrigation  ditch  to  condemn  a right  of  way  for  such  ditch. 

County  Assessment  Book. 

Section  3653,  Political  Code,  as  amended  in  1913,  provides 
that  the  county  assessor  must  furnish  to  irrigation  districts, 
upon  written  request,  a complete  certified  copy  of  his  assess- 
ment book  so  far  as  such  assessment  book  pertains  to  property 
within  the  limits  of  such  irrigation  district.  This  will  be  of 
material  assistance  to  district  assessors. 

Drainage  Act. 

Statutes  of  1907,  page  569. — This  act  gives  to  boards  of 
directors  of  irrigation  districts  the  same  powers  with  regard 
to  the  drainage  of  the  land  included  within  the  districts  that 
they  possess  with  regard  to  the  irrigation  thereof. 

Electrical  Power.  Appropriations  by  Irrigation  Districts  of 
Water  for  Such  Power. 

Section  1410,  Civil  Code,  as  amended  in  1913,  provides 
under  what  circumstances  irrigation  districts  may  appropriate 
water  for  electrical  power. 

Funding  Act. 

An  act  to  provide  for  refunding  bonds  was  passed  in  1897 
and  amended  in  1901'.  Statutes  of  1901,  page  514. 

Registration  of  Bonds. 

Statutes  of  1913  provide  that  upon  presentation  to  the 
treasurer  of  any  coupon  bonds  the  same  may  be  registered  and 
thereafter  possess  all  the  characteristics  of  registered  bonds. 


INDEX 


REFERENCES  ARE  TO  SECTIONS 

APPORTIONMENT  OF  WATER 18 

ASSIGNMENT  OF  WATER  RIGHTS 18 

ASSESSMENTS,  Generally: 

Amount 39 

Books,  etc.,  effect  of  as  evidence 49 

Election  for  exemption  of  improvements  from  ..  35 

Errors  in  effect  of 50 

Equalizing- 37.  38 

How  made 35 

Improvements 35 

Installments,  payable  in— Page  41 

Levy  and  collection  of 39 

Notice  of  assessment 41 

On  what  lien 40 

Rate . . 60 

Refusal  to  levy 39 

Sale  for  delinquent..  42 

Supervisors,  duty  with  regard  to 39 

When  delinquent . 41 

When  lien 40 

When  made  ... ..  35,39 

When  no  assessment  is  made 39 

When  payable 41 

ASSESSMENT  FOR  COMPLETION  OF  WORKS ..  34 

ASSESSMENT,  SPECIAL 59 

ASSESSOR: 

Books,  etc.,  effect  of  as  evidence 49 

County  assessment  may  obtain— Page  42 

Deputies  36 

Duties 35 

Escaping  assessment,  property 35 

Failure  to  assess ...  39 

Improvements..  . 35 

Property  assessed . 35 

BOARD  OF  DIRECTORS: 

Action  by,  to  confirm  assessments 68 

Adopt  plan  of  works,  must 53 

Advertising  for  bids.. 53 

Assessments  34,  39 

Board  of  equalization 37,38 

Bonds  of  officers,  approve  and  fix 19 

By-laws  and  rules 15 

Claims . 54 

Compensation . . 57 

Condemnation 15,  16 


44 


INDEX 


Consolidation  of  offices 27 

Construction  of  works  ... 53,  56 

Contracts 53 

Contracts  for  construction  53 

Distribution  of  water 15.18 

Divisions,  change  boundaries  of 97,  153^ 

Divisions  may  change  number  of 28 

Establishment  of  election  precincts 1534 

Financial  statement 14 

Funds,  may  deposit  in  county  treasury 54 

Limitation  of  expenditures  ... 15 

Limitation  of  indebtedness 61 

May  charge  water  rate 55 

Meetings 14 

Officers  of  board 13,  15 

Organization 17.  20 

Powers 15 

Purchase  of  land  or  other  property... 15 

Quorum 14 

Railroads,  may  cross 56 

Right  to  acquire  property 15 

Salaries  of  employees 15 

Sale  of  property 29 

Special  meetings  . 14 

Streams  and  streets,  may  cross 56 

Suits 15,  16 

Surveys 15 

Tolls  and  charges 55 

BONDS: 

Action  to  validate 68 

Assessment,  for  payment  of  39 

Contents  of 31 

Coupons 31 

Denomination 31 

Destruction  of  unsold 106 

Election  for  issuance  of 30 

Election  to  sell  for  less  than  par 3234 

Form  of  bonds 31 

Holders  of,  assent  to  exclusion  of  lands 79 

Interest 31 

Investment  for  what  fund — Pages  41-42 

Lien  on  real  property 33 

Notice  of  sale 32 

Payment  of  bonds 33,  52 

Payment  of  interest 52 

Petition  for  election  for — 30 

Pre-requisites  for  issuance 30 

Proceeds  of  sale,  disposal  of... 32,  55 

Redemption  fund  — 52,  60 

Redemption  of  bonds. 52 

Register --  31 

Sale .•  32 

Series 31 

Subsequent  issues ! 31 

State  engineer,  duties  of 30 

When  may  be  issued 30 

When  payable 31 

BONDED  INDEBTEDNESS 106 

Limit  on — Page  41 

BOUNDARIES; 

Change  of 74,  85 

Fixing  5 


INDEX 


45 


COLLECTOR: 

Bond  of - ...  19 

Certificate 45 

Compensation 57 

Consolidation  with  other  office 27 

Duties 41,  43 

Settlement  with  secretary 51 

Term  of  office  19 

CONDEMNATION: 

Directors  may  condemn 15 

Law  applicable 16 

What  condemned 15,  56,  64 

CONFIRMATION  PROCEEDINGS: 

Effect  of 68 

New  trial 71 

Who  may  institute 69 

CONSTRUCTION  OF  WORKS: 

Advertisement  for  bids  53 

Board  may  construct  works,  when 53 

Funds  for  34,  55 

May  cross  streets,  etc 56 

May  reject  all  bids 53 

Plan  adoption  of 53 

Survey  for 15 

CONTRACTS; 

Officers  may  not  be  interested  in.  .. 58 

Penalty  for  officer  profiting  from 58 

When  must  advertise  for.. 53 

COUNTY  ASSESSOR : 54 

Must  furnish  copies — Page  42 

COUNTY  TREASURER,  DUTY  OF 54 

DEDICATION  OF  WATERS  OF  STATE  56 

DELINQUENT  ASSESSMENTS: 

Book  of  delinquent  sales 46 

Certificate  of  sale  45 

Contents  of  deed 48 

Conduct  of  sale 44 

Cost  of  certificate 44 

Cost  of  deed 47 

Deed  for 47 

Effect  of  deed . . 48 

Misnomer  of  owner 50 

Owner  may  designate  property  to  be  sold 44 

Penalty 41 

Place  of  publication 41 

Price ..  : 44 

Publication  of  notice 42 

Recording  certificate 45 

Records  of  collector 49 

Redemption  from 47 

Republication... 42 

Sale  for  delinquent 43 

Sale  to  district 44 

Time  of  publication 42 


46 


INDEX 


DEMANDS: 

Form  of 54 

Payment  of.... . 54 

DIRECTORS, 

Bond  on  qualifying  19 

Changing  number  of 28 

Classification 13 

Compensation 57 

Election  of ...  19 

Liabilities 58,  73 

Number  of  directors 5 

Organization 13,20 

Qualification  of,  for  election 26 

Qualification  of,  for  appointment 25 

Removal 58 

Term  of  office 20 

Vacancies...- . 25 

DRAINAGE— Page  35 
ELECTION  ON  ORGANIZATION: 

Ballots  6 

Canvass  of  votes 9 

Conduct  of  election 6 

Contest  of  election 11 

N otice  of  election 6 

Officers  of  election 6 

Officers  to  be  elected 5,  7 

Order  determining  results 10 

Petition  for 2 

Precincts 6 

Qualification  of  voters 8 

Recording  order  declaring  results 10 

EQUALIZATION,  BOARD  OF: 

Notice  of  equalization 37 

Procedure 38 

When  in  session.. ....  37 

EXCLUSION  OF  LANDS 74  to  84 

EXEMPTION  OF  PROPERTY  FROM  TAXES  66 

FUNDS: 

Bond  fund 52 

Construction  fund . 32 

What  payable  from  55 

County  treasury,  deposit  with..  54 

General  fund 59,  67 

Indebtedness,  limitation  of 61 

Maintenance 55,  59 

Organization,  expense  of . 61 

Treasurer’s  report 54 

V arious 67 

Warrants,  interest  bearing 61 

GENERAL  ELECTION: 

Ballots,  form  of 22a 

Canvass  of  returns 24 

Certificate  of  election 25 

Conduct  of  election 25 

Electors,  qualification  of 8 

Nominations  ..  22h 

Notice  of  election 21 


INDEX 


47 


Officers  elected  at 19 

Returns 23 

When  held — 19 

INCLUSION  OF  LANDS  85 

INDEBTEDNESS: 

Interest  upon . - 61 

Judgment  upon - 39 

Limitation  on . 61 

Organization  for 61 

LEASE  OF  WATER  FOR  MECHANICAL  PURPOSES: 

How  made 101,  105 

When  may  be  made 100 

LIABILITIES  OF  OFFICERS 58,  73 

MINING  DITCHES,  CONDEMNATION 64 

NAVIGATION 64 

OFFICERS: 

Appointive  13 

Compensation , 57 

Consolidation  of  officers...  27,28 

Elective 7,19 

First  Election ..  7,  12 

Qualify,  when . 19 

Recall ...  ..  28)4 

Term  of  office 19 

Vacancies,  how  filled.  .. 25 

ORGANIZATION: 

Action  of  supervisors  thereon 3 

Appeal  4 

Bond  for  costs  of. 2 

Consolidation  of  officers 7 

Contents  of  petition 2 

Division  of  district 5 

Election 6 

Engineer,  state,  duties  of 2 

Hearing  of  petition  3 

How  organized . 1 

Notice  of  petition  . 2 

Name 6,  9 

Office,  location ..  14 

Officers 12 

Petition  for 2 

Proposed  boundaries 2 

Qualification  of  petitioners 1 

When  completed . 10 

PROPERTY: 

Consent  of  assessment  payers  required  to  pur- 
chase  15 

Exempt  from  taxation . 66 

Lease  of  for  district 15,  61 

Lease  of  by  district  100 

Limitation  of  right  to  purchase 15 

Reservoirs.. 15 

Rights  of  way 15 

Sale  of 29,44 

Title  to 29 


48 


INDEX 


REDEMPTION  OF  PROPERTY: 

Duty  of  collector 

Duty  of  recorder 

Time  , 

RESERVOIRS..... 

RIGHTS  OF  WAY: 

Condemnation 

May  cross  streets 

Publrc  lands 

Railroads 

Right  of  entry  to  survey 

RULES.  PRINTING  AND  DISTRIBUTING 

SALARY  OF  OFFICERS: 

How  fixed 

When  directors  may  fix 

When  electors  may  fix 

SECRETARY: 

Duties  of , 

Term  of  office 

SPECIAL  ASSESSMENT: 

Election  for  when  called 

Rate  of  assessment. 

When  made 

STATE  ENGINEER, 

Report  on  organization 

Report  on  bond  issue 

Reports  to  be  filed  with 

SURVEYS 

TAXATION.  EXEMPT  FROM  

TITLE  TO  PROPERTY 

TREASURER: 

Bond 

Report 

Term  of  office • 

VESTED  RIGHTS,  PROTECTED.  

WATER  COMMISSIONERS: 

Apportionment  of  water.  .. 

Who  are 

Warrants,  registration  of 

WATER,  USE  AND  REGULATIONS: 

Apportionment  of  use  of  water 

Apportionnient  of  water  between  districts. 

Diversion  of  streams 

Domestic  purposes 

Gran  t by  state 

High  water,  during,  ditches  must  be  full  . 

Mining  rights  may  not  be  condemned 

Public  use 

Rules  and  regulations . 

Tolls  and  charges 

Water  rates . 


47 

47 

47 

15 


15 

56 

56 

56 

15 

15 


57 

57 

57 


21,  39,  41 
13 


59 

60 
59 


2 


15 

66 

29 


19 

54 

19 

64,  110 


62 

62 

61 


18 

62 

65 

15 

56 

63 

64 
17 
15 
55 
55 


Gaylord  Bros. 

Makers 

Syracuse,  N.  Y. 
PAT.  JAN.  21,  IMS 


